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Regulated vs. Unregulated Storage Tanks

By Hank Lutz and Roger Ferguson |

Not all underground storage tanks (USTs) are treated the same under New Jersey law. There is a long list of regulatory and administrative requirements for dealing with a UST on your property, particularly if there is a leak and/or potential contamination. New Jersey’s Administrative Code specifically exempts certain types of USTs from these regulations,… Read More »

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Laboratory assistant holding glass tubes of sand, black soil and clay befor testing them

NJDEP Issues Amendments to Site Remediation Rules

By Hank Lutz and Roger Ferguson |

The New Jersey Department of Environmental Protection (NJDEP) is at it again. NJDEP issued a New Jersey Register notice on May 17, 2021, amending site remediation standards for all cleanups across the state. Originally proposed in April 2020, these amendments make huge, sweeping revisions to the standards. Continue reading for an overview of the… Read More »

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Effects nature from soil contaminated with chemicals and oil. Environmental disaster, contamination of the environment, toxic, pollution, detail. Wreck of oil tanks.oil pollution on soil

New Jersey Court Finds Delivering Oil Not Grounds for a Spill Act Claim

By Hank Lutz and Roger Ferguson |

The New Jersey Spill Compensation and Control Act (Spill Act) establishes that anyone responsible for a discharge of hazardous substances is liable in contribution to the party that remediates the spill. Language in the Spill Act can be very vague, and alarmingly broad, with regard to who may be held responsible. Recently, a Spill… Read More »

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grain elevator

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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Businessman holds clock in hands. Concept of saving time and money. Time management. Planning work. Reduced cost and bureaucratic burden. Saving productivity. Extension of life. Debt / tax holidays

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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Corn generated ethanol biofuel with test tubes on white background

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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water pollution in river.

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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Scientist taking sample of ground at thermal power station.

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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