Real Property & Environmental Law Alert : New Jersey, New York, Pennsylvania & Delaware Lawyers & Attorneys for Real Estate Development & Environmental Law

November 3 marked the launching of the Licensed Site Remediation Professional (“LSRP”) program in earnest. On that date, all new remediation projects in New Jersey must be performed under the supervision of an LSRP, a new type of environmental professional mandated by the Site Remediation and Reform Act (“SRRA”). L. 2009, c. 60, Sections 1-29 (codified at N.J.S.A. 58:10C-1 to -29).

The complete article, as published in New Jersey Law Journal, can be viewed here.

Susanne Peticolas is a Director in the Gibbons Real Property & Environmental Department.

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Since late June, when the House narrowly passed the American Clean Energy and Security Act of 2009, the loud and rancorous debate over health care may have obscured another critical issue being considered by Congress: climate change and the regulation of greenhouse gas emissions. Decisions made public on successive days in September by a federal appellate court and the U.S. Environmental Protection Agency (EPA), however, may go a long way toward making wide-ranging federal controls over greenhouse gas emissions a reality.

The complete article, as published in In-Sites, can be viewed here.

Paul M. Hauge is an Associate in the Gibbons Real Property & Environmental Department.

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A troika of decisions should send chills through the halls of many utilities and corporations. The first horse of the troika is the decision by the U.S. Supreme Court that says that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouses gases (GHG) under the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq., and can be compelled to do so. The second horse is the decision by the Second Circuit granting states the power to abate GHG under the federal common law of public nuisance. The third horse is the decision by the Fifth Circuit that takes the final step and states that private citizens affected by global warming have the right to bring private nuisance suits.

The complete article, as published in In-Sites, can be viewed here.

John H. Klock is a Director in the Gibbons Real Property & Environmental Department.

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