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On July 1, 2020, New Jersey’s Governor Phil Murphy signed the Permit Extension Act of 2020 (“PEA 2020”) into law. The PEA 2020 tolls certain state and local permit approvals, including approvals of soil erosion and sediment control plans granted by a local soil conservation district and waterfront development permits, during the pendency of the public health emergency caused by COVID-19. Additionally, the PEA 2020 extends the deadlines for those approvals that would have otherwise expired during the public health emergency for an additional six months beyond the end of the COVID-19 extension period. Importantly, the PEA 2020 does not impact those approvals that expired prior to March 9, 2020 (the beginning of the public health emergency) or apply to those that will expire after the public health emergency ends.

Continue Reading New Jersey: Permits and Approvals Must Be Registered With NJDEP By October 8, 2020 to Claim PEA 2020 COVID-19 Extension

The New Jersey Department of Environmental Protection (NJDEP) recently amended its rules under the New Jersey Safe Drinking Water Act (NJ SDWA) to address per- and poly-fluoroalkyl substances (PFAS). NJDEP adopted the amendments on March 31, 2020, and published them in the New Jersey Register on June 1, 2020. 52 N.J.R. 1165(b). The United States Environmental Protection Agency (EPA) began the process for establishing drinking water standards for certain PFAS compounds in February 2020; however, with these amendments, New Jersey now has some of the most stringent PFAS drinking water requirements in the United States.
Continue Reading New Jersey Adopts Stringent PFAS Drinking Water Rules and Adds Compounds to List of Hazardous Substances

On April 20, the Supreme Court of the United States reversed the Montana Supreme Court’s decision in Atlantic Richfield Co. v. Christian, limiting restoration damages claims beyond Environmental Protection Agency-approved cleanups at Superfund sites, while affirming the right of private parties to seek other kinds of damages under state law. The majority decision, penned by Chief Justice John Roberts, turns on a plain-text interpretation of the definition of “potentially responsible parties” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Over a dissent by Justice Neil Gorsuch joined by Justice Clarence Thomas, the Court found that the affected landowners are potentially responsible parties and, therefore, restricted from challenging EPA-approved remediation plans.
Continue Reading Atlantic Richfield v. Christian Limits Property Owner Claims for Restoration Damages at Superfund Sites

The New York City Council recently enacted a sweeping package of bills aimed at constricting carbon emissions from buildings across the City in an effort to combat climate change.  Known as the “Climate Mobilization Act,” the package sets lofty goals of reducing greenhouse gas emissions from certain buildings by 40% by 2030, and by 80% by 2050.  The measure is similar to recent efforts by other cities to reduce carbon emissions.  For example, numerous U.S. cities, including Boston, Indianapolis, Seattle, and Washington, DC, aim to be carbon neutral by 2050.  However, while these efforts focus on the use of renewable energy sources, New York aims to curb emissions through requiring the use of green building products and materials in certain buildings.  As such, impacts of the Climate Mobilization Act will be realized in a different manner than other efforts.

Continue Reading New York City Enacts Sweeping Climate Package

At a public hearing on March 6, 2019, the California State Water Resources Control Board announced a “Phased Investigation Plan” for perfluoroalkyl substances (PFAS).  The Investigation Plan represents a coordinated effort by the Water Board to identify PFAS in discharges and drinking water sources across California.  This new initiative leverages the Board’s enforcement and permitting powers to order testing and will proceed in three phases.  Under each phase, the Water Board will issue orders to the covered facilities requiring at least one round of testing of their discharge to identify whether PFAS are present.

Continue Reading California Unfolds PFAS Investigation Plan With Broad Impact on California Dischargers