Superfund Task Force Holds First of Eight Listening Sessions for Stakeholders, Focused on Expediting Settlement Negotiations

Superfund Task Force Holds First of Eight Listening Sessions for Stakeholders, Focused on Expediting Settlement Negotiations

The Superfund Task Force, created in May 2017, issued a report in July 2017 proposing recommendations to streamline and strengthen the Superfund program. The Report contained five goals and 42 recommendations. In order to obtain input from stakeholders and the public and to increase transparency and improve communications, USEPA has convened eight listening sessions being held from May 21 to June 18, 2018. The Gibbons Environmental Department will be covering these listening sessions and blogging about them. The first listening session, which focused on expediting settlement negotiations, was held on May 21, 2018. The five goals of the Superfund Task Force Report are: (1) expediting cleanup and remediation process, (2) reinvigorating responsible party cleanup and reuse, (3) encouraging private investment, (4) promoting redevelopment and community revitalization, and (5) engaging partners and stakeholders. The first listening session focused on Goal 2 through the strategy of encouraging responsible party clean-up with expedited negotiations. Christina Skaar from OSRE’s Regional Support Division and Elizabeth McKenna, Region 10 Office of Regional Counsel, made a short presentation at the beginning of the listening session. Recommendation 16.2 covers strategies to focus on and decrease the time involved in negotiating cleanup agreements and implementing cleanup work once agreement is finalized. Ms....

Catherine McCabe Assumes Duties as Acting Commissioner of the New Jersey Department of Environmental Protection

Catherine McCabe Assumes Duties as Acting Commissioner of the New Jersey Department of Environmental Protection

Governor Phil Murphy’s nominee for Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”) assumed her new duties as Acting Commissioner on January 22, 2018 while she awaits confirmation by the Senate. The new Acting Commissioner has extensive experience with the United States Environmental Protection Agency (“EPA”), having served most recently as both deputy and acting regional administrator of EPA’s Region 2, and as acting administrator of the EPA itself. EPA’s Region 2 includes New Jersey, New York, Puerto Rico, and the U.S. Virgin Islands. Acting Commissioner McCabe also served as Deputy Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance, as a judge on EPA’s Environmental Appeals Board. Prior to joining EPA, McCabe held various managerial positions with the U.S. Department of Justice in its Environmental and Natural Resources Division, Environmental Enforcement Section, Natural Resources Section, and Policy, Legislation and Special Litigation Section. She earned her law degree from Columbia Law School, a bachelor’s degree in Environmental Science from Barnard College, and studied environmental science at the Columbia University Graduate School of Arts and Sciences. The appointment of an experienced environmental administrator evidences the Governor’s commitment to his ambitious environmental agenda. Susanne Peticolas is a Director in...

Gibbons Advises New Jersey Future 2015 Smart Growth Award Winners 0

Gibbons Advises New Jersey Future 2015 Smart Growth Award Winners

New Jersey Future, a non-profit, non-partisan organization focused on the promotion of responsible land use policies, has named the Military Park renovation in Newark and 18 Park in Jersey City as two of its 2015 Smart Growth honorees. Gibbons P.C. played a significant role in both of these projects. The awards were given out on Thursday, June 4 at the annual awards gala.

Jersey City Plans to Limit Chain Stores in Downtown 0

Jersey City Plans to Limit Chain Stores in Downtown

On April 7, 2015, the Planning Board of Jersey City approved Mayor Steve Fulop’s plan to limit chain stores in the downtown area in an attempt to protect small businesses and preserve the character of the area. The City Council must approve the proposed restrictions before they become final. The proposal would limit chain stores with 10 other locations within 300 miles of Jersey City to 30% of the downtown commercial space. The affected businesses include those with “multiple locations within the region that exhibit standardized characteristics such as logos, menus, store décor” and the like. Grocery stores would be exempt and certain parts of the waterfront would be exempt.

Starting January 1, 2015 New York Households Will Be Required to Recycle E-Waste 0

Starting January 1, 2015 New York Households Will Be Required to Recycle E-Waste

Beginning January 1, 2015, any New Yorker who disposes of an old computer, television, or even an iPod, i.e., “electronic waste” (“e-waste”), by placing that item in the garbage or leaving it on the curb for collection will be in violation of the New York State Electronic Recycling and Reuse Act, N.Y. Envtl. Conserv. Law § 27-2601, et seq.. Individual consumers will instead be required to recycle such e-waste by dropping it off at a registered e-waste collector or by returning it to an e-waste manufacturer, or risk being fined $100 each time they fail to do so.

New Jersey Department of Environmental Protection Proposes New Rules Aimed at Streamlining Coastal Permitting Process 0

New Jersey Department of Environmental Protection Proposes New Rules Aimed at Streamlining Coastal Permitting Process

On June 10, 2014, the New Jersey Department of Environmental Protection (“DEP”) introduced a series of proposed technical revisions to land use rules — via a 1,055 page proposal — designed to encourage redevelopment in coastal areas decimated by Hurricane Sandy. DEP Commissioner Bob Martin — who also served on Governor Christie’s Red Tape Review Commission, which was launched in 2011 to streamline regulatory processes across state government — explained that “[t]hese revisions will add clarity to our regulatory processes and provide better predictability in the regulatory process.”

The EPA Seeks to Regulate Carbon Emissions from Existing Power Plants 0

The EPA Seeks to Regulate Carbon Emissions from Existing Power Plants

On June 2, 2014, the Environmental Protection Agency (“EPA”) introduced new rules – via a 645 page proposal – designed to reduce the emission of carbon and other greenhouse gases (“GHGs”) from existing power plants. Although this is the first time the EPA has proposed such standards, the EPA claims that it is empowered to do so under the ambiguous provisions set forth in Section 111(d) of the Clean Air Act (“CAA”), 42 U.S.C. § 7411(d).

EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Waste 0

EPA Issues Final Rule Authorizing the Use of Electronic Manifests for Hazardous Waste

On January 13, 2014, EPA issued its final rule authorizing the use of electronic manifests for hazardous wastes. The rule implements provisions of the Hazardous Waste Electronic Manifest Establishment Act (“Act”) signed into law in 2012, which directed EPA to establish a national electronic manifest system for tracking hazardous waste. Although the final rule has been promulgated, the electronic system to handle electronic manifests will not be available until 2015 at the earliest.

Aquaponics Firm Wins 2013 Cleantech Open Global Ideas Award 0

Aquaponics Firm Wins 2013 Cleantech Open Global Ideas Award

ECF Farm Systems, a German company pioneering turnkey containerized fish and vegetable farming units for urban areas, won the prestigious Cleantech Open Global Ideas Award for 2013. Cleantech is the world’s largest clean technology accelerator. Often called the “Academy Award” of clean technology, the Global Ideas competition, in its fifth year, attracts early-stage start-ups with cutting edge clean technology ideas from around the world. The competitors are the national winners of the competitions in their own countries. ECF Farm Systems was selected from 28 finalists.

NJ BPU Proposes Amendments to Regulations Affecting Renewable Energy and Energy Efficiency 0

NJ BPU Proposes Amendments to Regulations Affecting Renewable Energy and Energy Efficiency

On August 6, New Jersey Board of Public Utilities (BPU) announced proposed amendments to multiple sections of the regulations governing renewable energy and energy efficiency. The amendments will affect New Jersey’s renewable portfolio standards, class II renewable energy certifications (RECs) and net metering. These proposed amendments come a few weeks after Governor Christie signed S-1925 into law on July 24, 2012, increasing the state’s solar requirements, and giving what is expected to be a boost to the solar energy business in the state.