LATEST INSIGHTS

New Jersey / New York
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Blowin’ in the Wind: New Jersey and New York see a Gust of Activity in Clean Energy Efforts

New Jersey and New York are leading the way with respect to the ongoing development of renewable energy sources,  in particular, as it relates to the procurement of offshore wind projects expected to produce renewable power for hundreds of thousands of homes in each state. There has been recent activity in both states’ efforts to make these projects a reality with New Jersey Gov. Phil Murphy issuing Executive Order No. 92 on November 19, 2019, which more than doubles the New Jersey’s offshore wind goal to 7,500 megawatts by 2035, and, with the October 23, 2019 announcement that the New York …

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Clean Air Act / Climate Change / New York
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An Exercise in Separation of Powers: Second Circuit Signals Affirmance of Dismissal of NYC Climate Change Lawsuit

“Global warming and solutions thereto must be addressed by the two other branches of government,” said district court judge John Keenan last July in nixing New York City’s climate change nuisance suit that seeks to hold major oil companies liable for global-warming related injuries resulting from greenhouse gas emissions. New York City appealed Judge Keenan’s dismissal to the second circuit, arguing that its action is not an attempt to regulate emissions.

Late last week, hearing New York City’s appeal of Judge Keenan’s dismissal, the second …

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Legionella positive
Clean Water Act / Emerging Issues
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CDC Revises Number of Reported Legionellosis Cases Upward

The original number of cases of Legionellosis reported by the Centers for Disease Control and Prevention (CDC) for calendar year 2018 was already at a record 8,356 cases. This November, that number was revised upward to 9,933 cases, representing an increase of 18.8 percent . Although Legionellosis includes both Legionnaires’ disease and Pontiac fever, the vast majority of these newly reported cases were for the more serious diagnosis of Legionnaires’ disease.

Legionnaires’ disease is a serious type of pneumonia caused by a waterborne pathogen known as legionella…

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Oil slick in water
New Jersey / Water Contamination
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Power to the City: New Jersey Appellate Court Affirms Municipal Courts may Enforce Spill Act

The New Jersey Court of Appeals provided greater flexibility to the state’s Department of Environmental Protection (DEP) in enforcing the New Jersey Spill Act. A DEP employee filed a complaint against Alsol Corporation in municipal court in Milltown, New Jersey. In the complaint, the DEP made bare allegations that Alsol failed to remediate certain property in violation of the New Jersey Spill Act (N.J.A.C. 7:26C-2.3(a)). Although the regulation is detailed and complex, DEP’s complaint merely alleged the date of Alsol’s alleged violation.

Alsol responded by moving to …

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EPA / General
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EPA Announces Draft Risk Evaluation for N-Methylpyrrolidon (NMP)

Earlier this month, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft risk evaluation for N-methylpyrrolidon (NMP) under the Toxic Substances Control Act (TSCA). The purpose of a risk evaluation is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of its use and to analyze the risks from potential exposure. The draft risk evaluation will be peer-reviewed by the TSCA Science Advisory Committee on Chemicals (SACC) on December 5- 6, 2019 with a final regulation likely to be …

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Due Diligence / EPA
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EPA’s Supplemental “Transparency in Regulatory Science” Rule Likely to Restrict the Use of Scientific Studies in Determining Pivotal Environmental Actions

The U.S. Environmental Protection Agency (EPA) is planning to publish a supplemental proposed rule that would expand the applicability of a preexisting proposed rule from 2018 impacting how environmental regulations come about. 

The supplemental proposal would require underlying data in scientific studies used in the promulgation of significant regulatory actions be publicly available—underlying data that’s often confidential, proprietary, and may contain private personal information subject to confidentiality agreements. 

As reported by the New York Times, this rulemaking action would supplement the April 2018 proposed rule entitled “Strengthening Transparency in Regulatory Science,” (83 …

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Emissions / EPA / Illinois / New Jersey
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Colorless Haze? Carcinogenic Gas Found at Monitoring Sites in 16 Cities

The U.S. Environmental Protection Agency (EPA) has released new data regarding the concentrations of ethylene oxide, a colorless and carcinogenic gas, found in metropolitan areas throughout the country. That data shows that the highest concentrations can be found in Phoenix, Arizona, followed closely by Chicago, Illinois, Calvert City, Kentucky, and Chester, New Jersey.

Ethylene oxide is an industrial compound most commonly used to produce other chemicals or as a sterilizing agent for medical instruments. The EPA released the data as part of an ongoing effort …

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Agriculture / Florida / New Jersey
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New Jersey’s First Liquefied Natural Gas Terminal Seeks Approval Amidst Claims of Environmental Threats

Earlier this year, the New Jersey Department of Environmental Protection (NJDEP) approved a permit for construction of the state’s first ever liquefied natural gas (LNG) export terminal at the site of a former chemical plant along the Delaware River in southern New Jersey. Environmental groups have now challenged the issuance of that permit, bringing additional public scrutiny and attention to this large-scale and controversial energy initiative.

The liquefaction process of natural gas consists of lowering its temperature to approximately negative 260 degrees Fahrenheit. It is then …

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Coal Ash / EPA
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COAL-ASH ALERT: New EPA Regulations Impact Waste Emission Requirements at Coal-Fired Power Plant

On November 4, 2019, the United States Environmental Protection Agency (EPA) announced that it was releasing regulations on how coal-fired power plants dispose of waste laden with arsenic, lead, and mercury. The newly promulgated rules have been considered a weakening of EPA regulations issued during the Obama Administration regarding the disposal of coal ash, which often makes its way to water and is stored in giant pits that could leech into local waterways. The revised rules were a result of a court decision mandating that …

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New Jersey / PFOA
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PFAS Contaminants Discovered at NJ Trump Golf Course

Recent utility tests of drinking water on President Trump’s golf property in Bedminster, New Jersey, revealed, for the third time this year, the presence of perflurooctanoic acid (PFOA), which is one of the more common PFAS compounds. A lab retained by the New Jersey Department of Environmental Protection measured 3.5 – 3.6 parts per trillion (ppt) of the chemical at the property. Depending on who you talk to, the levels detected could be considered low and not harmful or, alternatively, they could be considered too high …

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