News & Insights

Deference to State Agencies Remains Strong Under New Jersey Law

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. ...read more

Neighboring States Have Either Passed or Proposed Climate Superfund Laws - Is Pennsylvania Next?

Following Vermont and New York’s enactment of a Climate Change Superfund Act, New Jersey, Maryland, Massachusetts and California are proposing their own superfund laws, which Marc Rollo, Charlie Dennen and Grace Rossi discuss in The Legal Intelligencer article, “Neighboring States Have Either Passed or Proposed Climate Superfund Laws— Is Pennsylvania Next?”. These states are seeking to impose liability on certain responsible parties for damages caused by extracting fossil fuels or refining crude oil. Compensatory payments would be collected from responsible parties and allocated to a climate superfund cost recovery program. While these proposals have not yet been enacted, they do serve as an indicator that more states will propose their own law, including perhaps Pennsylvania. However, the U.S. Chamber of Commerce and American Petroleum Institute are pushing back and recently filed a lawsuit against the state of Vermont, arguing that their version of the climate superfund law is an overreach of state power. New York will likely face the same legal challenge. ...read more

NJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules

The New Jersey Department of Environmental Protection (NJDEP) has proposed a transformative rule change to hazardous substance discharge reporting requirements. The suggested amendments are intended to codify and implement the provisions enacted in the 2019 Site Remediation Reform Act (SRRA 2.0), as well as supplement various parts of New Jersey statutory law concerning the remediation of contaminated sites. ...read more

USEPA Announces Proposal to End Greenhouse Gas Reporting Program

On September 12, 2025, the United States Environmental Protection Agency (USEPA) formally announced a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP). The GHGRP applies to 47 source categories and covers approximately 8,000 facilities throughout the United States, requiring power plants, refineries, chemical plans, fossil fuel and industrial gas suppliers, and carbon dioxide injection sites to report greenhouse gas emission data on an annual basis. ...read more

USEPA Announces Drinking Water MCLs for PFOA and PFOS Will Remain in Place

On May 14, 2025, the United States Environmental Protection Agency (USEPA) announced significant developments in the enforcement of the National Primary Drinking Water Regulation (NPDWR) passed under the Biden Administration that established legally-enforceable Maximum Contaminant Levels (MCLs) for certain per- and polyfluoroalkyl substances (PFAS) in drinking water. ...read more

New Jersey “Climate Superfund Act” Clears Senate Committee

On December 12, 2024, the New Jersey Senate Environment and Energy Committee advanced the “Climate Superfund Act,” a bill moving through the New Jersey Legislature which, if enacted, would impose liability on certain fossil fuel companies for certain damages caused by climate change. The bill also establishes a program within the New Jersey Department of Environmental Protection (“NJDEP”) to collect and distribute compensatory payments. The bill was originally introduced in the New Jersey Senate as S-3545 on September 12, 2024, by Senator John McKeon. An identical bill sponsored by Assemblyman John Allen as A-4696 is also pending in the New Jersey General Assembly. ...read more

Archer Builds Environmental Team With Partner from Wilentz

Archer has expanded its environmental practice with the addition of partner Alice Shanahan in its Hackensack office, as recently featured in Law360. In the interview, Alice discusses her experience handling complex environmental regulatory and transactional matters, as well as the opportunity to enhance client service through collaboration with Archer’s environmental team. She also highlights the firm’s unique positioning in the market, offering both flexibility and high-caliber legal services, as a key driver in her move. ...read more

Marc Rollo Quoted in NJLJ Article Discussing a Proposal to Send Water Pollution Suits into Early Mediation

Environmental Law Group chair Marc Rollo was quoted in the New Jersey Law Journal article “Ex-Judge Calls for Early Mediation Program as Water Pollution Suits Proliferate.” The article discusses Marina Corodemus, a retired Middlesex County Superior Court judge who supervised mass tort litigation, and is seeking support for a proposal to send water pollution suits into early mediation and targeted discovery in an effort to promptly resolve cases. In reference to the proposal, Marc is quoted as seeing merit in early mediation, but said he hasn't studied Corodemus' proposal in detail so far, stating, "I personally have seen the value of early resolution of these cases. Many times, a suit is filed and attorneys go on autopilot when really there is a resolution to be had, but sometimes there is not a vehicle to achieve that. A resolution may take some arm-twisting and creativity but there are certain times when it's there to he had, if you dig deeply." He added, “Natural resources suits brought by private parties and those brought by the state are both good candidates for early mediation. My personal view is it's always good to have those discussions, and I think it's much more effective to have them with a mediator. I do see the value of it, and I think oftentimes, even if it doesn't get resolved at mediation, the groundwork has been laid." ...read more

Archer & Greiner Adds Leading Environmental Partner

Archer is pleased to announce that Alice M. Shanahan has joined the firm as a partner in its Environmental Law Practice Group in the firm’s Hackensack office. Her addition to Archer’s northern New Jersey office gives the firm’s already outstanding Environmental Practice a stronger foothold across both New Jersey and New York. ...read more

David Edelstein Recognized as Volunteer UP Legal Clinic’s 2026 Volunteer of the Year

Archer is proud to congratulate partner David F. Edelstein on being recognized as Volunteer UP Legal Clinic’s 2026 Volunteer of the Year. David serves on the Advisory Board of Volunteer UP Legal Clinic and chairs Archer’s Pro Bono Practice, where he has been instrumental in advancing access to justice for underserved communities. ...read more

Matthew Conley Co-Authors Chapter in New Jersey Environmental Law Handbook

Archer partner Matthew Conley served as a co-author of the Natural Resource Damages chapter in the recently released 10th edition of the New Jersey Environmental Law Handbook, a leading reference published as part of the State Environmental Law Handbooks series. ...read more

Annual Environmental Review

Debra Rosen will be presenting the program “Annual Environmental Review,” at the Atlantic Builders Convention. The panel will highlight permitting issues and anticipated regulatory changes that arise under the NJDEP's Land Use Management and Water Resources regulatory programs. Regulations that will be discussed include: Protecting Against Climate Threats, Water Quality Management Planning rules, Public Access rules, Stormwater Management rules and more. ...read more

Legal Trends in Environmental Law

Clint Allen will be presenting the program “Legal Trends in Environmental Law,” at the Atlantic Builders Convention. The panel will highlight legislation, regulations and court decisions relating to environmental issues continuing to modify the legal framework within which real estate is developed. A panel of environmental attorneys will examine the most recent significant changes and discuss their implications for the future. ...read more

Daniel Farino to Serve as Speaker at NJICLE's "An Introduction to Environmental Law in a New Climate" Program

Daniel Farino, partner in Archer’s Environmental Law Practice Group, will speak at the program, "An Introduction to Environmental Law in a New Climate" presented by NJICLE, in cooperation with the NJSBA Environmental Law Section. Daniel will be presenting the topic of Spill Act/ Site Remediation. This program will examine the foundations of environmental law and its application in a changing landscape, where the realities of climate change, the scarcity of land resources, the unmet need for environmental justice, and many other forces are challenging people, businesses, and governments to think bigger and behave differently. When: Wednesday, October 18, 2023 from 9:00 AM - 4:30 PM. Where: Online & the New Jersey Law Center (One Constitution Square, New Brunswick, NJ 08901). To learn more and register, click here. ...read more