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Environmental

Scarinci Hollenbeck's Environmental practice group regularly provides clients with innovative and strategic solutions to the most pressing environmental and land use issues ranging from regulatory compliance counseling to solid waste management, representation in civil, criminal and administrative proceedings, and much more. The Environmental practice group is made up of accomplished practitioners with many years of experience who regularly publish articles relating to the industry.
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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.
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    Who Is a “Person” Entitled to an Innocent Party Remediation Grant? post image

    Who Is a “Person” Entitled to an Innocent Party Remediation Grant?

    In Cedar Knolls 2006, LLC v. New Jersey Dept. of Environmental Protection, the Appellate Division of the New Jersey Superior Court clarified who qualifies as an “innocent party” entitled to financial assistance to remediate a contaminated property. The New Jersey appeals court held that the property's transfer to trusts among family members did not constitute a change of ownership and, therefore, qualified the plaintiff as a “person” under the Industrial Site Recovery Act (ISRA). 

    Author: Daniel T. McKillop

    Link to post with title - "Who Is a “Person” Entitled to an Innocent Party Remediation Grant?"
    SCOTUS Decision Leads EPA to Delay Clean Water Rule  post image

    SCOTUS Decision Leads EPA to Delay Clean Water Rule 

    The U.S. Supreme Court recently issued its much-anticipated decision in National Association of Manufacturers v. Department of Defense. The Court unanimously held that challenges to the Waters of the United States Rule, also known as the “Clean Water Rule,” must be filed in federal district courts.

    Author: Daniel T. McKillop

    Link to post with title - "SCOTUS Decision Leads EPA to Delay Clean Water Rule "
    DOI’s Controversial Offshore Drilling Plan Draws Legal Challenges post image

    DOI’s Controversial Offshore Drilling Plan Draws Legal Challenges

    The Department of the Interior (DOI) recently unveiled its proposed five-year offshore drilling plan. As drafted, it would open almost the entire offshore area of the United States to oil and gas drilling. Not surprisingly, the 2019-2024 National OCS Offshore Oil and Gas Leasing Program is already facing legal challenges.

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "DOI’s Controversial Offshore Drilling Plan Draws Legal Challenges"
    NJ Legislature Moves Forward With Effort To Counter NJDEP Regulations That Would Weaken Highlands Act post image

    NJ Legislature Moves Forward With Effort To Counter NJDEP Regulations That Would Weaken Highlands Act

    New Jersey Legislature is Moving Forward With Efforts to Invalidate the DEP’s Highlands Water Protection and Planning Act (Highlands Act) Rules The New Jersey Legislature is moving forward with efforts to invalidate a rule enacted by the New Jersey Department of Environmental Protection (DEP) earlier this year. The regulation amends the septic system density standards […]

    Author: Daniel T. McKillop

    Link to post with title - "NJ Legislature Moves Forward With Effort To Counter NJDEP Regulations That Would Weaken Highlands Act"
    Eight Key Federal and New Jersey Environmental Law Developments From 2017 post image

    Eight Key Federal and New Jersey Environmental Law Developments From 2017

    Federal and New Jersey Environmental Law Roundup for 2017 From regulatory changes to new court precedents, environmental issues can significantly impact New Jersey businesses. In 2017, the Scarinci Hollenbeck Environmental and Land Use Practice tracked several significant environmental law developments, both on the state and federal level. Of course, this post offers only a brief […]

    Author: Daniel T. McKillop

    Link to post with title - "Eight Key Federal and New Jersey Environmental Law Developments From 2017"
    EPA Administrator Promises to End Regulation through Litigation  post image

    EPA Administrator Promises to End Regulation through Litigation 

    “The Days of Regulation Through Litigation are Over” The Environmental Protection Agency (EPA) continues to make headlines under the leadership of Administrator Scott Pruitt. He recently announced an agency-wide directive to end “sue and settle” practices that involve the settlement of litigation intended to effect regulatory changes. “The days of regulation through litigation are over,” […]

    Author: William A. Baker

    Link to post with title - "EPA Administrator Promises to End Regulation through Litigation "
    Insurer Required To Prove Insured’s Intent To Contaminate post image

    Insurer Required To Prove Insured’s Intent To Contaminate

    Insurer Required To Demonstrate Intent Of Insured To Cause Contamination In Order To Deny CGL Coverage For Environmental Liability A New Jersey court recently ruled in Cooper Industries LLC v. Employers Insurance of Wausau A Mutual Co. that Cooper Industries is covered by a predecessor’s corporate general liability (CGL) policies for any liability the company incurs […]

    Author: Daniel T. McKillop

    Link to post with title - "Insurer Required To Prove Insured’s Intent To Contaminate"
    Trio of Bills Seek to Boost NJ Renewable Energy Use post image

    Trio of Bills Seek to Boost NJ Renewable Energy Use

    Lawmakers Introduce Three Bills That Would Increase New Jersey Renewable Energy Use State lawmakers are currently considering three bills that would increase New Jersey renewable energy reliance. The Legislature appears to be putting the wheels in motion for the energy policy shift that will likely occur now that Phil Murphy has been elected Governor. All […]

    Author: William Sullivan

    Link to post with title - "Trio of Bills Seek to Boost NJ Renewable Energy Use"
    New Jersey Voters to Decide Fate of Environmental Settlement Funds post image

    New Jersey Voters to Decide Fate of Environmental Settlement Funds

    NJ Voters Will Decide Whether Environmental Settlement Funds Must Be Reinvested Into Anti-Pollution Efforts This November, New Jersey voters will decide whether environmental settlement funds must be reinvested into anti-pollution efforts. In the past, funds have been used for non-environmental purposes, such as balancing the state budget. Environmental contamination lawsuits can generate large windfalls for the […]

    Author: Daniel T. McKillop

    Link to post with title - "New Jersey Voters to Decide Fate of Environmental Settlement Funds"
    Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations post image

    Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations

    Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations CERCLA 113(f)(3)(B) provides that an entity that has “resolved its liability” for “some or all of a response action or for some or all of the costs of such action” pursuant to a settlement agreement with the government may seek contribution from any person who is […]

    Author: Daniel T. McKillop

    Link to post with title - "Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations"
    Trump Administration Revokes Federal Flood Risk Management Standard post image

    Trump Administration Revokes Federal Flood Risk Management Standard

    Trump Administration Revokes Federal Flood Risk Management Standard As part of an initiative to streamline the process for approving infrastructure projects, President Donald Trump rolled back certain construction requirements applicable to federally-funded projects located in flood-prone areas. While the policy reversal was just one line of the Executive Order, it generated headlines because it came […]

    Author: Daniel T. McKillop

    Link to post with title - "Trump Administration Revokes Federal Flood Risk Management Standard"

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