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On November 17, 2025, the New Jersey Department of Environmental Protection (NJDEP) changed its previously proposed  rule which  would have required persons conducting All Appropriate Inquiry (AAI)(due diligence) at real properties to report any discharge of contamination discovered during the due diligence  to NJDEP and the record owner of the property.  NJDEP has now changed […]

EPA Proposes Historic WOTUS Rule—A Major Victory for Predictability, Cost Savings, and Development Efficiency, Driven by the Supreme Court’s Sackett Ruling On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers published a Proposed Rule (Document 90 FR 52498) to redefine the “Waters of the United States” (WOTUS) in […]

The New Jersey Department of Environmental Protection (NJDEP) has proposed a massive overhaul of its rules and regulations governing site remediation. The proposed changes would impact several key site remediation regulations, including the Industrial Site Recovery Act (ISRA) Rules, the Administrative Requirements for the Remediation of Contaminated Sites, the Technical Requirements for Site Remediation, and the […]

On December 26, 2024, New York Governor Kathy Hochul signed into law the “Climate Change Superfund Act,” which seeks “to establish a climate change adaptation cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost […]

On December 9, 2024, the U.S. Environmental Protection Agency (EPA) finalized its risk management rules for trichloroethylene (TCE) and perchloroethylene (PCE) under the 2016 Toxic Substances Control Act (TSCA) amendments. The chemicals, used in cleaners, lubricants, sealants, adhesives, paints, and other commercial applications, are believed to cause cancer, affect reproductive systems, and compromise immune systems. […]

What Does CERLA Stand For? What does CERCLA stand for? It stands for The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and is often at the center of the most complex environmental law matters. So, what is CERCLA and how can it impact you? CERCLA, also known as Superfund, governs the cleanup of hazardous […]

The federal government’s authority to regulate wetlands has been the subject of frequent litigation. In Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023), the U.S. Supreme Court clarified the reach of the Clean Water Act (CWA), specifically the meaning of the phrase “the waters of the United States.” Under the Court’s new test, the […]

The Environmental Protection Agency (EPA) has finalized reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, the EPA is requiring any person that manufactures (including import) or has manufactured (including imported) PFAS or PFAS-containing articles in any year since January 1, […]