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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New Jersey Joins Legal Challenge to EPA’s Clean Power Plan

The EPA Clean Power Plan New Jersey recently joined 23 other states in challenging the Environmental Protection Agency’s (EPA) Clean Power Plan, also known as the 111(d) Rule. The suit maintains that the EPA’s plan to reduce greenhouse gases unlawfully exceeds its authority. What’s the EPA’s plan? As previously detailed on this blog, the EPA […]

Author: Scarinci Hollenbeck, LLC

November 5, 2015

NL Industries v. State of New Jersey Spill Act Decision

Legal Update: New Jersey Spill Act Decision The State of New Jersey can no longer assert that it should be exempt from liability under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (“Spill Act”), based on a decision by the New Jersey Superior Court, Middlesex County in NL Industries v. State […]

Author: John M. Scagnelli

September 28, 2015

EPA Finalizes Controversial Carbon Emissions Rule

On August 3, 2015, the Environmental Protection Agency (EPA) published the final version of its “Clean Power Plan,” which seeks to reduce carbon emissions from existing power plants by fostering the creation of renewable energy. It is estimated that power plants account for nearly 40 percent of carbon dioxide emissions in the United States which […]

Author: Scarinci Hollenbeck, LLC

August 27, 2015

Is the CWA’s Permit Shield Losing Its Power?

The goal of the “permit shield” established under the Clean Water Act (CWA) is to allow permit holders to conduct their operations without concern that an unanticipated discharge might result in significant environmental liability. However, several recent federal court decisions are understandably causing concern for permit shield holders. Background of the Permit Shield The CWA […]

Author: Scarinci Hollenbeck, LLC

June 4, 2015

Open Space Funding Allocation in New Jersey

New Jersey lawmakers are currently trying to determine how to allocate funding for open space preservation in the state. Given the limited resources, it will be difficult to please everyone. The Legal Background Last year, New Jersey voters approved a constitutional amendment that dedicates four percent of Corporation Business Tax revenue each year for a […]

Author: Scarinci Hollenbeck, LLC

March 2, 2015

Spill Act Contribution Claims Not Subject to Statute of Limitations

The Supreme Court of New Jersey recently held that private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are not subject to the general six-year statute of limitations that applies to injury to real property. The court ruled that the Spill Act enumerated only specific defenses which […]

Author: John M. Scagnelli

February 18, 2015

New Jersey Businesses: Disasters Are Not the Time For Price Gouging

The 2014 hurricane season has been kind to New Jersey so far. However, some New Jersey Businesses are still feeling the repercussions of their conduct in the wake of Superstorm Sandy. So far, the state has recovered a total of $1,080,702.64 in civil penalties, consumer restitution, and other fees from entities accused of having violated the […]

Author: Scarinci Hollenbeck, LLC

September 18, 2014

Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan Approval

Under a recent decision by the Supreme Court of New Jersey, businesses can pursue contribution claims under the Spill Compensation and Control Act (Spill Act) prior to the conclusion of the New Jersey Department of Environmental Protection’s (NJDEP) enforcement efforts. In Magic Petroleum v. ExxonMobil, the specific question before the court was whether the doctrine […]

Author: Ken Hollenbeck

August 12, 2014

NJDEP

EPA Moving Forward on SIP Calls to Prevent Excess Emissions During Periods of Startup, Shutdown, and Malfunction

The Environmental Protection Agency (EPA) is moving forward on new rules that will require certain industrial facilities across the United States that emit hazardous pollutants to comply with the Clean Air Act’s rules commonly known as NESHAP (National Emission Standards for Hazardous Air Pollutants) during times when the facility is starting up or shutting down, […]

Author: William A. Baker

July 31, 2014

BP is Heading to the Supreme Court

BP has announced it will take the battle over its multibillion-dollar Gulf of Mexico oil spill settlement to the U.S. Supreme Court. In the meantime, BP has asked the U.S. Court of Appeals in New Orleans to keep the payment of some claims on hold while it appeals the claims process, arguing it could be […]

Author: Robert E. Levy

June 2, 2014

EPA Requests Public Comment On Fracking

The Administrator of the U.S. Environmental Protection Agency (EPA) executed an advanced notice of proposed rulemaking (ANPR) on May 9, 2014. The ANPR seeks public comment on whether the EPA should collect and publicly disclose information on hydraulic fracturing chemicals. The public will have 90 days to submit comments. The ANPR seeks to obtain input […]

Author: Ken Hollenbeck

May 21, 2014

Can Solar Energy Cure Economic Inequality?

Solar energy is the hope for the future for many environmentalists, but it is also becoming the hope for many as the cure for economic inequality. During his campaign for presidency, President Obama laid out his intention to spread the wealth, but inequality has continued to increase. In fact, the U.S. median household income in […]

Author: Scarinci Hollenbeck, LLC

May 1, 2014

Solar Energy

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