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Environmental Law Blog

Exploring the ever-developing land of environmental law.


May 12, 2021

Transitioning from the Transition: Questions Abound Regarding the New Jersey Successor Solar Program

On April 7, 2021, the New Jersey Board of Public Utilities (BPU) published the New Jersey Solar Successor Program Straw Proposal, which outlined recommendations for a long-term replacement for the 2019 Transition Incentive Program. The Straw Proposal launched a stakeholder process for a permanent solar energy project for the state, the duration of which was scheduled to last little more than a month.» Read more

Apr 14, 2021

New Jersey BPU Proposes to Slash Incentive for Commercial Solar Projects

Last week, the New Jersey Board of Public Utilities (BPU) issued a New Jersey Solar Successor Program Straw Proposal. The proposal outlines recommendations for a long-term replacement program for New Jersey’s existing Transition Incentive Program for solar projects in the state, which has been in place since 2019 and begins the stakeholder process for a permanent Community Solar Energy Program.» Read more

Feb 01, 2021

Four Key State Court Environmental Law Decisions for New Jersey Practitioners to Know in 2021

Despite the COVID-19 pandemic, New Jersey trial and appellate courts issued several key environmental law decisions in 2020. Recently, my colleagues, Martha Donovan and Margaret Raymond-Flood, and I have had the opportunity to present a seminar, entitled “Navigating the Recent Developments in Environmental Law and Coverage Affecting NJ Practitioners,” for the New Jersey State Bar Association, where my task was to review Appellate and Law Division decisions affecting New Jersey environmental attorneys.» Read more

Sep 29, 2020

Solar Energy Lease – What Landlords Should Know

With more and more emphasis on clean, renewable forms of energy, the development of solar energy farms is increasing rapidly. Solar energy farms are large-scale commercial power plants that use solar panels to convert sunlight into clean energy, providing a source of safe, locally-produced renewable energy for many years after construction.» Read more

May 13, 2020

U.S. Supreme Court Issues a Major Ruling on NPDES Permits

On April 23, 2020, the United States Supreme Court issued a significant decision regarding when National Pollution Discharge Elimination System (NPDES) permits are needed for “point source” discharges under the Clean Water Act. The Clean Water Act forbids “any addition” of any pollutant from “any point source” to “navigable waters” without an appropriate permit from the United States Environmental Protection Agency (EPA).» Read more

Oct 07, 2019

Pennsylvania Act 2 Cleanups: Challenges Created by the Department of Environmental Protection

When the Land Recycling Standards and Remediation Act, commonly known as “Act 2,” was enacted in 1995, the Pennsylvania General Assembly declared that:

  • incentives should be put in place to encourage responsible persons to voluntarily develop and implement cleanup plans without the need for adversarial enforcement actions by the Department of Environmental Protection (the “Department”), “which frequently only serve to delay cleanups and increase their cost” and
  • cleanup plans “should be based on the actual risk that contamination on the site may pose to public health and the environment, taking into account its current and future use…”

» Read more

Jul 11, 2019

Environmental Trouble Can Appear Anywhere

Perhaps a common tendency is to think that an environmental problem is most likely to arise in the course of manufacturing.  But given the substantial volume of environmental laws that have been enacted over the last several decades, potential for an environmental problem to surface at other places, such as hospitals, doctors’ offices,  shopping complexes, and residential dwellings, may be greater than ever.  » Read more

Jun 20, 2019

Environmental Audits: Is the House in Order?

Many businesses, including manufacturing facilities, hospitals and other health care providers, wastewater treatment facilities, and service providers, among others, regardless of size, spend considerable resources to ensure that key aspects of their operations are in proper order.  The focus is typically on maintenance of proper books and records, periodic auditing of financial and tax records, and compliance with occupational health and safety laws and employment and labor laws. » Read more

Jun 07, 2019

Building on a Brownfield Site?

Today, with the continuing concerns about urban sprawl and the desire for a greener environment, economic development of open space has become more challenging.  This has served to make “brownfield” sites potentially more attractive for development than in the past.  A brownfield is a property whose redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant, and include everything from former gas stations to large industrial complexes.» Read more