News & Insights

Impact of the 'Loper Bright' Decision on New Jersey State Deference

Attorneys Marc Rollo, Charlie Dennen and Thomas Tyrrell discuss in the New Jersey Law Journal article,” Impact of the ‘Loper Bright’ Decision on New Jersey State Deference” how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo severely limits the ability of federal administrative agencies in the development, implementation and enforcement of their regulatory authorities. By eliminating the decades-old Chevron deference standard, nearly every federal regulation and action taken thereunder may be subject to non-deferential, or de novo,  judicial review of its underlying statutory charge. ...read more

NJ's Natural Resource Damage Order May Be Helpful For Cos.

In the Law360 article, "NJ's Natural Resource Damage Order May Be Helpful For Cos.," Archer environmental law attorneys Marc Rollo, Matthew Conley and Charlie Dennen discuss the New Jersey Department of Environmental Protection's (DEP) recently issued Administrative Order 2023-08.  The administrative order is another step in the evolution of the natural resource damage, or NRD, enforcement in New Jersey. The administrative order affirms the DEP’s duties as trustee for the state’s natural resources and, importantly, directs the DEP to put in place mechanisms to enhance consensus-building in the planning, design and implementation of natural resource restoration activities through improved collaboration with the public and stakeholders. ...read more

Recyclability, liability for plastics producers: Cases to watch in 2022

Marc Rollo and Alexis Way discuss the rising trend of lawsuits against plastic products producers and sellers in this Plastics News article, “Recyclability, liability for plastics producers: Cases to watch in 2022,” published April 5, 2022. ...read more

SCOTUS Stays Enforcement of EPA's "Good Neighbor Plan"

On June 27, 2024, the United States Supreme Court curbed the regulatory power of the administrative state, temporarily halting the Environmental Protection Agency’s “Good Neighbor Plan,” intended to limit air pollution traveling across state lines. This decision comes after Ohio, Indiana, West Virginia, and a handful of power and manufacturing industry groups challenged the plan under the Administrative Procedure Act and Clean Air Act. As a result, the EPA cannot enforce its plan until the resolution of the underlying legal challenges. The Good Neighbor Plan aims to protect downwind states that receive unwanted air pollution by significantly reducing emissions of nitrogen oxides from industrial facilities and power plants in twenty-three upwind states. Under the Good Neighbor Plan, each upwind state was given the opportunity to create a plan to reduce its downwind emissions. In 2023, the EPA decided that all twenty-three states had not provided sufficient plans and published its own federal plan for the states to follow. Ohio, Indiana, West Virginia, U.S. Steel Corp., and natural gas and energy groups challenged the EPA’s Good Neighbor Plan asserting that the nationwide plan takes possession of the state’s authority to design their own policies for managing emissions and forces purportedly impractical standards on companies. The number of affected states has since dropped to eleven as many circuit courts have already stayed the use of the plan after lawsuits were brought in individual states. The challengers of the Good Neighbor Plan claim that EPA’s use of its own plan constitutes a government overreach and adds a financial burden for costly adjustments needed under the EPA’s plan. They argue that the plan conflicts with the CAA’s instruction, giving individual states the authority to control their emissions. They also claim that the plan violates the APA by failing to adequately address concerns raised in comments, overstepping public concern. The EPA argues that it has given a reasonable explanation for creating the nationwide plan to decrease power plant emissions, which the agency believes is crucial to reduce interstate pollution and create a clean environment.In June 2024, the United States Supreme Court sided with the states and temporarily blocked the Good Neighbor Plan, finding that the states were likely to succeed on their challenges in the lower courts. The Court held that although the plan would help improve air quality, it would also violate the states’ interests in controlling their own manufacturing and residents. The Court further expressed that the EPA did not clarify or address the states’ concerns regarding the plan, as required under the APA. The fate of the Good Neighbor Plan will now be decided by the lower courts hearing the states’ challenges. For any questions, please contact Marc Rollo at mrollo@archerlaw.com or 856.673.3932 or Thomas Tyrrell at ttyrrell@archerlaw.com or 856.673.7149. DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.  ...read more

SCOTUS Overrules Decades-Old Chevron Deference

NJDEP Issues Administrative Order Revamping NRD Settlement Policies and Practices in New Jersey

On March 14, 2023, New Jersey Department of Environmental Protection (NJDEP) Commissioner Shawn LaTourette issued Administrative Order 2023-08 (AO 2023-08) regarding Natural Resource Restoration Policy. AO 2023-08, which can be found here, is another step in the evolution of the natural resource damage (NRD) enforcement in New Jersey. The Order seeks to, among other things, “improve” NJDEP's “policies and practices for voluntarily resolving potential NRD liabilities with responsible parties” by incorporating mechanisms for NRD assessment into the site remediation process. ...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 Environmental Group Earns Top Rankings in 2024 Chambers USA Guide

Chambers and Partners, publisher of leading guides to the legal profession worldwide, has once again ranked Archer’s Environmental Practice  and several of the Group’s attorneys among the best in their fields in Chambers USA 2024 – America’s Leading Lawyers for Business. ...read more

Archer's Environmental Group Receives Top Rankings in 2023 Chambers USA

Chambers and Partners, publisher of leading guides to the legal profession worldwide, has once again ranked Archer’s Environmental Practice Group and several of the firm’s attorneys among the best in their fields in Chambers USA 2023 – America’s Leading Lawyers for Business. ...read more

Chambers Guide Ranks Archer Attorneys and Environmental Group Among the Best – Again

Chambers and Partners, publisher of leading guides to the legal profession worldwide, has once again ranked Archer’s Environmental Practice Group and several of the firm’s attorneys among the best in their fields in Chambers USA 2022 – America’s Leading Lawyers for Business. ...read more

Marc Rollo To Speak At NJICLE's "Resolving Your Water Pollution Case: Creative Resolution Strategies" Webcast

When: May 24, 2022 | 9:00 AM – 1:15 PM ET ...read more

Law Seminars International Ninth Annual Advanced DC Conference on Litigating Natural Resource Damages

Marc Rollo, the Chair of Archer’s Environmental Law Department and the Petroleum Industry Practices Group, was a presenter at the Law Seminars International Ninth Annual Advanced DC Conference on Litigating Natural Resource Damages on December 10, 2020. Mr. Rollo spoke on the topic of recent trends in state NRD policy and enforcement. More information can be found here. ...read more