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

On March 15, 2010, the New Jersey Assembly passed A-437, the "Time of Application" bill, by a vote of 52-15. The bill, which takes effect one year following enactment, provides that those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development, and any decision made with regard to that application for development. A-437 now heads to the Governor's desk.

Content for this blog post is authored by the Gibbons Real Property & Environmental Department.

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The Federal Power Act (FPA), which gives the Federal Energy Regulatory Commission (FERC) jurisdiction over interstate electricity sales, requires that all wholesale electricity rates be “just and reasonable,” including rates set by contracts between suppliers and purchasers. In its latest decision in this area, in NRG Power Marketing, LLC v. Maine Public Utilities Commission, No. 08-674, 558 U.S. -- (January 13, 2010), the Supreme Court, by an 8-1 vote, extended a doctrine first developed more than fifty years ago and made it extremely difficult for those who were not parties to the contract -- even states -- to challenge contractually set rates in FERC proceedings.

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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A bill introduced on March 8, 2010, by Assemblyman John J. Burchizelli, and voted out of the Assembly Regulatory Oversight and Gaming Committee would prohibit all State agencies from adopting -- or even proposing -- regulatory standards tighter than those imposed by the federal government, unless such action is specifically authorized by State law. The measure, Assembly Bill No. 2486, would greatly affect environmental regulation, where federal law often sets nationally applicable requirements, but does not preempt State requirements that go beyond the federal "floor." The bill does not define the key term "specifically authorized by State law." It would not apply to regulations in effect on the date of its enactment, or to the readoption of such regulations in the future.

Content for this blog post is authored by the Gibbons Real Property & Environmental Department.

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On March 3 the City Council of New York approved legislation designed to deter illegal dumping into the city's waterways. The measure increases the maximum penalty for illegally dumping such materials as dirt, sludge, acid, or any other "refuse matters" from $250 to $10,000 for a first violation and $20,000 for subsequent violations.

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

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The tables were turned in a case decided by the New York Court of Appeals on February 18. In a reversal of their usual roles, an upstate developer argued that its properties were contaminated, while the Department of Environmental Conservation (DEC) argued that the sites did not require remediation. The court agreed with the developer, and the result could mean significant tax credits for potential redevelopers of contaminated sites throughout the state.

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. Paul M. Hauge, an Associate in the Gibbons Real Property & Environmental Department, assisted in the preparation of this post.

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On February 1, 2010 all construction projects that are over one acre in size must comply with the United States Environmental Protection Agency rules that were published on December 1, 2009. Essentially, the new rules are deigned to control discharges from the construction site such as sediment, turbidity, nutrients and metals. See Final Rule at 74 Fed. Reg. 62,996, 63,0003-04, 63,032 (December 1, 2009). The rule is national in scope and to the extent a state’s regulations are not as demanding the federal standard must be met. Any new construction permits after February 1, 2010 to which the act applies musts comply with the federal standard.

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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In a rare move, an Appellate Court in New Jersey recently published a decision regarding interpretation of an access easement, setting forth a “clear intent” requirement to determine whether a third party having no interest in the subject properties, could have independent rights to use such an easement.

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

Ivette Alvarado is an Associate in the Gibbons Real Property & Environmental Department.

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