Charles J. Dennen

In an article written for the Legal Intelligencer, partner Charlie Dennen explains that the U.S. Environmental Protection Agency has proposed a rule to repeal federal drinking water regulations for several PFAS compounds—specifically PFHxS, PFNA, GenX (HFPO-DA), and the Hazard Index used for mixtures involving those chemicals and PFBS—arguing that the prior standards were promulgated through an “unlawful process” and did not properly follow the Safe Drinking Water Act’s required steps for setting enforceable limits. The article outlines the EPA’s prior 2024 rule establishing maximum contaminant levels for certain PFAS, the agency’s subsequent reconsideration in 2025, and its current position that the mixture-based Hazard Index and several individual PFAS limits exceeded statutory authority and misapplied feasibility and risk-assessment requirements. Charlie further highlights the EPA’s reliance on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which eliminated Chevron deference and requires courts to independently interpret statutory meaning, increasing legal risk for agency rulemaking. While the proposal would remove monitoring and treatment obligations for the affected PFAS, he notes the relief may be temporary because the EPA has indicated it will continue evaluating these substances for possible future regulation, even as separate standards for PFOA and PFOS remain in place and continue to drive most PFAS-related compliance obligations....

In an article for the New Jersey Law Journal, attorneys Carlos Bollar, Charlie Dennen and Thomas Tyrrell write that the New Jersey Superior Court, Appellate Division’s recent decision upholding the New Jersey Department of Environmental Protection’s Environmental Justice Rules sends a clear message: judicial deference to state agency action remains firmly entrenched under New Jersey law, notwithstanding the U.S. Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo....

In this article for The Legal Intelligencer, partners Debra Rosen, Daniel Farino, and Charles Dennen examine NJDEP’s revised and re-proposed rule addressing the reporting of environmental contamination discovered during real property due diligence in New Jersey. For decades, New Jersey law generally required only responsible parties, not prospective purchasers, to report known discharges, a framework that has long shaped environmental due diligence practices in real estate transactions....