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U.S. House Considers Bills to Incentivize Biofuels, Allow USTs to Store Higher Ethanol Blends

By Hank Lutz and Roger Ferguson |

A pair of bills concerning biofuels and greenhouse gas modeling were recently introduced into the U.S. House of Representatives. The Adopt GREET Act would require the Environmental Protection Agency (EPA) to update greenhouse gas modeling concerning ethanol and biodiesel in order to “more accurately reflect the environmental benefits of agriculture and biofuels.” The Renewable… Read More »

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NJDEP Issues Additional Extension to Remediation Deadlines

By Hank Lutz and Roger Ferguson |

Unfortunately, the coronavirus pandemic has yet to end. With the wide distribution of several vaccines on the horizon, we all hope that there will be a “return to normal” soon enough, possibly as soon as this summer. For the moment, however, quarantines and shut-ins are still in place around the country, and business-as-usual has… Read More »

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EPA Proposes Action Concerning Economic Harm, Renewable Fuel Standards, and Ethanol Storage

By Hank Lutz and Roger Ferguson |

The United States Environmental Protection Agency (EPA) is taking many actions through the Renewable Fuel Standard program intended to help farmers and refiners, especially those affected by the COVID-19 pandemic. The EPA is proposing rules concerning E15 label revisions underground storage tank (UST) compatibility, as well as rules concerning compliance with the Renewable Fuel… Read More »

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NJDEP Continues to Bring New Enforcement Actions and Seek Natural Resource Damages

By Hank Lutz and Roger Ferguson |

New Jersey’s Department of Environmental Protection (NJDEP) has been ramping up enforcement efforts since 2018 as part of a push to protect natural resources around the state. Companies alleged to have a history of contamination and limited remediation efforts are especially vulnerable to enforcement. Below, we discuss two recent lawsuits filed by NJDEP and… Read More »

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New Jersey Requests Input on Environmental Justice Regulations

By Hank Lutz and Roger Ferguson |

New Jersey Governor Phil Murphy recently signed into law a bill aimed at addressing environmental justice. The purpose of the law is to address the unfair distribution of the environmental and public health impacts on certain communities by imposing additional requirements on parties seeking to site, expand, or renew permits for facilities located in… Read More »

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Environmental Law

Appeals Court Holds NJDEP Settlement Does Not Bar Contribution Action for EPA Response

By Hank Lutz and Roger Ferguson |

Real estate developers and managers know the daily headaches of dealing with the alphabet soup of state and federal agencies concerning environmental protection. Unfortunately, resolving a case with one agency does not always mean that another agency won’t come out of the woodwork to cause problems about the same exact matter. A federal appellate… Read More »

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New Jersey Files Six New Environmental Lawsuits

By Hank Lutz and Roger Ferguson |

As part of its push for aggressive environmental justice initiatives, New Jersey’s Attorney General and the Department of Environmental Protection (NJDEP) recently announced the state’s filing of twelve aggressive environmental enforcement actions against alleged polluters, specifically targeting defendants who allegedly polluted in minority and low-income communities around the state. The new batch of “environmental… Read More »

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NJDEP Further Extends Remediation Reporting Deadlines

By Hank Lutz and Roger Ferguson |

The coronavirus pandemic continues to rage on, putting a stopper in many development projects around the state and across the country. Many development projects have had to stall or delay indefinitely, and efforts to meet regulatory deadlines have posed a massive challenge for developers. In light of the difficulties in remediation posed by the… Read More »

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New Jersey Permit Extension Act of 2020 May Not Apply to Many NJDEP Remediation Permits

By Hank Lutz and Roger Ferguson |

In consideration of the COVID-19 public health emergency, on July 1, 2020, New Jersey Governor Phil Murphy signed into law the Permit Extension Act of 2020 (the Act). The Act modifies the timelines for reviewing applications for development by the land use boards of the State of New Jersey, and it tolls existing development… Read More »

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Stricter NJDEP Protections for Rivers and Streams

By Hank Lutz and Roger Ferguson |

While the New Jersey Department of Environmental Protection (NJDEP) has relaxed some deadlines for pollution response in light of the COVID-19 coronavirus pandemic and its attendant effects on businesses and the economy, the NJDEP is nevertheless hard at work strengthening environmental protections and pursuing enforcement actions. The NJDEP recently passed a set of amendments… Read More »

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