Earlier today, the New Jersey Department of Environmental Protection (NJDEP) issued a directive requiring five companies – Solvay, DuPont, Dow DuPont, Chemours and 3M – to provide detailed information on their use of PFAS chemicals and potential modes of discharges such as through wastewater treatment plants, air emissions, and consumer products. The directive also
New Jersey Department of Environmental Protection
Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites
The New Jersey Department of Environmental Protection (NJDEP) recently renamed and revised its clean fill guidance, which now makes it clear that fill material obtained from a licensed quarry or mine may be used for site remediation without any sampling requirement.
NJDEP’s Technical Requirements for Site Remediation define “clean fill” as material—soil or non-soil—to be…
It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context
The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and trespass to recover non-cleanup costs associated with environmental contamination. In Ross v. Lowitz, the defendant homeowners tested an underground storage tank…
It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil
After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting for is here – Judge Michael J. Hogan granted NJDEP’s motion to approve the consent judgement with ExxonMobil that settles out for…
Superior Court of New Jersey Pierces the “LLC” Veil, Holding Sole Member Liable for Environmental Liabilities
On February 26, 2015, in Coty US LLC v. 680 S. 17th Street LLC, the Superior Court of New Jersey, Chancery Division, pierced the veil of a New Jersey limited liability company and held its sole member liable for environmental cleanup costs it agreed to undertake in the purchase of real estate in…