Environmental

Under the Equitable Doctrine of Judicial Estoppel, Parties are Precluded from Taking a Position in a Case that is Contrary to a Position it has Taken in Earlier Legal Proceedings Under the equitable doctrine of judicial estoppel, parties are precluded from taking a position in a case that is contrary to a position it has taken […]

The New Jersey Board of Public Utilities Recently Published a Straw Proposal Intended to Aid in Transition from Current SREC Program The New Jersey Board of Public Utilities (BPU) recently published a straw proposal intended to aid in the transition from the current Solar Renewable Energy Certificate (SREC) Program to a new system that is yet to be determined. While the straw proposal provides […]

EPA Recently Unveiled “Waters of the United States” Definition, Which Would Reshape Federal Authority Under the Clean Water Act On December 11, 2018, the Environmental Protection Agency (EPA) and the Department of the Army (the “Agencies”) unveiled their much-anticipated definition of “waters of the United States,” (“WOTUS”) which would reshape federal authority under the Clean Water Act (CWA). Under the proposed […]

From Shifting Regulatory Policy to Precendential Court Decisions, Here are the Top Environmental Law Developments of 2018 From shifting regulatory policy to precedential court decisions, environmental issues can significantly impact New Jersey businesses. In 2018, the Scarinci Hollenbeck Environmental and Land Use Practice tracked several significant environmental law developments, both on the state and federal […]

As a Result of a New Environmental Justice Initiative, 8 Separate Environmental Contamination Lawsuits have been Filed by NJ Attorney General Gurbir Grewal and Dept. of Environmental Protection Commissioner Catherine McCabe New Jersey Attorney General Gurbir Grewal and Department of Environmental Protection Commissioner Catherine McCabe recently announced the filing of eight separate environmental contamination lawsuits. […]

The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI) The U.S. Environmental Protection Agency (EPA) recently announced the Cleaner Truck Initiative (CTI). The centerpiece of the initiative is a forthcoming rulemaking to decrease emissions of nitrogen oxide (NOx) from heavy-duty trucks and engines. According to the EPA, the new rulemaking will […]

New Jersey Legislature is Moving to Dedicate More Than $160 million Received From Two Natural Resource Damage Claims The New Jersey Legislature is moving to dedicate more than $160 million received from two natural resource damage claims. Given the Murphy Administration’s renewed focus on bringing natural resource damage (NRD) lawsuits, there will likely be more […]

New Jersey is planning to overhaul the way it approaches solar energy and end the existing solar renewable energy certificate (SREC) program used in part to finance solar projects. The value of SRECs — awarded for each megawatt-hour of electricity generated from a solar energy installation — has fluctuated significantly in recent years. After crashing six years ago, the market is rebounding. However, without an interim system for incentivizing solar development while the new program is put in place, solar advocates are warning that the New Jersey solar industry could again be in trouble.

The Senate Environment and Energy Committee recently advanced a resolution that asks New Jersey voters to decide whether the State Constitution should be amended to recognize that every person has a right to a clean and healthy environment. While the controversial amendment aims to preserve the state’s natural resources, it could also make development in New Jersey more burdensome and expensive.

Big changes are on the horizon for New Jersey’s Brownfields Program under Gov. Phil Murphy’s new economic plan. The Economic Development Strategic Plan, which Gov. Murphy unveiled during an economic address, entitled "The State of Innovation: Building a Stronger and Fairer New Jersey," includes a range of programs aimed to jumpstart the state’s economy.

While electronic filing is now commonplace with respect to filing taxes or corporate documents, the New Jersey Department of Environmental Protection (NJDEP) has failed to keep pace with technology. Thankfully, that will soon change. According to NJDEP Commissioner Catherine McCabe, the agency is preparing to unveil a new electronic submission system.

It is increasingly likely that the U.S. Supreme Court will intervene to resolve disputes over the limits of groundwater contamination liability under the Clean Water Act (CWA). A circuit split recently developed with the Sixth Circuit Court of Appeals ruling that two power plants did not violate the CWA when contaminants from their coal ash ponds leached into the local groundwater.