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Environmental & Energy Law Monitor News & Updates on Environmental & Energy Law in the Mid-Atlantic Region and Throughout the United States

Category Archives: Regulatory Counseling

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OSHA Requires Immediate Action by Certain Employers to Meet the February 1, 2013 Recordkeeping Deadline

Posted in Regulatory Counseling

OSHA’s injury and illness recordkeeping regulations, 29 C.F.R. 1904, require that on February 1, 2013 certain employers post a summary of all injuries and illnesses that occurred in 2012.  Employers are required to use OSHA’s 300A summary form or an equivalent form.  The summary must remain posted until April 30, 2013.  Even if there were… Continue Reading

Cole Schotz Welcomes New Partner

Posted in Regulatory Counseling

Cole Schotz is pleased to welcome Susan C. Karp as a partner in the Environmental Department.   Ms. Karp regularly counsels clients on transactional and regulatory environmental issues relating to the sale and purchase of commercial and industrial properties, the cleanup and redevelopment of contaminated properties and the financial incentive programs available to reduce cleanup… Continue Reading

Getting Heard: When Are Hearings Before the NJDEP or Courts Available?

Posted in Environmental Litigation, Regulatory Counseling

Every day, the New Jersey Department of Environmental Protection (“NJDEP”) makes many decisions which disappoint the agency’s varied stakeholders. Individuals are upset with NJDEP land use permitting decisions, either because they prevent planned development or allow development on adjacent properties. Permit applicants are upset with limitations placed upon various wastewater or air emissions discharge permits. The ways by… Continue Reading

Environmental and Energy Projects within the American Recovery and Reinvestment Act

Posted in Land Development & Sustainable Building, Regulatory Counseling, Renewable Energy, Transactions Involving Contaminated Property

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009, also known as the Stimulus Bill. Among the numerous programs encompassed within the Stimulus Bill are significant proposed expenditures for environmental and energy projects. There are many opportunities for businesses to capitalize on the federal funding and tax incentives provided… Continue Reading

NJ Proposes A Licensed Site Professional Program

Posted in Regulatory Counseling, Remediation Oversight, Transactions Involving Contaminated Property

On June 5, 2008, new legislation was introduced to address the overburdened New Jersey Department of Environmental Protection (“DEP”)’s current staff and budget constraints by expediting its report review process. Introduction of the Bill, sponsored by Senator Bob Smith, followed hearings before the State Senate Environment Committee and Assembly Environment and Solid Waste Committee at which… Continue Reading

New Rules On Reporting Greenhouse Gases

Posted in Land Development & Sustainable Building, Regulatory Counseling

The New Jersey Department of Environmental Protection ("DEP") is expected to adopt new rules governing the reporting of emissions of certain greenhouse gases in the near future.  These new rules were proposed recently pursuant to the Global Warming Response Act of 2007, which required the DEP to establish a greenhouse gas emission monitoring and reporting… Continue Reading

EPA Regulates Home Improvements To Address Risk Of Lead Paint

Posted in Land Development & Sustainable Building, Regulatory Counseling

On March 31, 2008, the United  States Environmental Protection Agency (“EPA”), under the authority of the federal Toxic Substances Control Act, issued new rules governing home improvement contractors and maintenance companies engaged in the renovation and repair of houses, child‑care facilities and schools constructed before 1978.  The purpose of the rule is to protect children from… Continue Reading

Enforcement Power of NJDEP Increased

Posted in Environmental Litigation, Land Development & Sustainable Building, Regulatory Counseling

On January 4, 2008, the New Jersey legislature passed the Environmental Enforcement Enhancement Act. This Act enhances the enforcement authority of the New Jersey Department of Environmental Protection (“DEP”) under ten environmental statutes: Waterfront Development Act, Pesticide Control Act of 1971, Wetlands Act of 1970, Freshwater Protection Act, Coastal Area Facility Review Act, Endangered and Nongame Species… Continue Reading