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Is More Pre-Enforcement Review of PADEP Penalty Proposals Now Available?

USA - January 25 2016 Just days before the New Year, the Pennsylvania Supreme Court ruled that a private party could initiate a declaratory judgment action in the…

Pennsylvania Supreme Court Allows Pre-Enforcement Review of DEP’s Continuing-Violations Penalty Policy under the Clean Streams Law

USA - January 5 2016 To close out 2015, the Pennsylvania Supreme Court issued Several Opinions last week, including one that may potentially impact how parties challenge…

New Jersey Appellate Division holds plaintiff must establish “reasonable nexus” to recover cleanup costs under New Jersey Spill Act

USA - November 18 2015 Another opinion was issued yesterday in the Morristown Associates v. Grant Oil Co. case, Dkt. No. A-0313-11T3 (N.J. App. Div., Nov. 17, 2015), a case…

Sixth Circuit joins growing trend by ruling Clean Air Act does not preempt state common law claims for air pollution

USA - November 3 2015 Yesterday in two parallel class action interlocutory appeals, the Sixth Circuit joined the Third Circuit in holding that the Clean Air Act does not…

State of New Jersey not immune from Spill Act liability

USA - October 9 2015 The New Jersey Superior Court Appellate Division recently confirmed that the New Jersey Spill Act applies retroactively and abrogates the State of…