News & Insights

PFAS Rule Risks Vulnerability If High Court Trims Agency Power

Archer attorneys David Edelstein and Charles Dennen co-authored the Bloomberg Law article, “PFAS Rule Risks Vulnerability If High Court Trims Agency Power,” where they write about the complications for companies subject to the EPA's new reporting rules, both in terms of scope and an uncertain legal landscape. Compliance will be expensive, time-consuming, and will pose challenges to the regulated community. Companies should begin the process now to determine whether and/or to what extent reporting is required. To read the complete article, click here. ...read more

What Companies Should Know About PFAS Compounds

Archer Environmental Law partners David Edelstein and Charles Dennen were published on September 8, 2022 in the Bloomberg Law Article, "What Companies Should Know About PFAS Compounds." In the article, Edelstein and Dennen discuss the implications for companies of a newly proposed EPA rule designating two PFAS compounds as “hazardous substances” under CERCLA. The proposal imposes liability for PFAS clean-up and cost recovery and allows for new Superfund sites. Edelstein and Dennen also address how companies using PFAS materials should prepare. ...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

USEPA Announces Proposed Rule to Designate Two PFAS Compounds as Hazardous Substances Under CERCLA

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

Carlos Bollar Honored by Rutgers Law School – Camden Alumni Association

Carlos M. Bollar was honored by the Rutgers School of Law-Camden Alumni Association with the 2023 Arthur E. Armitage Sr. Distinguished Alumni Award. The Armitage Award recognizes Rutgers Law School’s most accomplished graduates. The award was established in 1983 in memory of Armitage, who, with a group of interested citizens, founded both the South Jersey Law School in 1926 and its companion College of South Jersey in 1927. Carlos received the award at the school’s Annual Gov. James J. Florio Scholarship Benefit and Distinguished Alumni Awards Ceremony, held November 9 at the Merion in Cinnaminson. One of the leading environmental attorneys in New Jersey, Carlos represents clients in complex toxic tort, product liability and environmental litigation matters. He handles environmental litigation cases in all of the contexts in which they arise, including single plaintiff cases, mass actions involving hundreds of plaintiffs, class actions, and defending clients against state and federal government. Carlos regularly handles high stakes litigation with massive potential damages. Carlos has been a champion of diversity and inclusion in the legal profession throughout his career, serving as a past president of both the Hispanic National Bar Association (HNBA) and the Hispanic Bar Association of New Jersey (HBA-NJ). Carlos also serves on the Board of Trustees for the New Jersey State Bar Association. In addition to being a past recipient of the HNBA’s Latino Lawyer of the Year Award and the HBA-NJ’s prestigious Margarita Echevarria Trailblazer Award, Carlos has been honored by the multi-platform news media organization Al Día as one of the top attorneys in the Philadelphia region. He was named to the Nation’s Best List by Lawyers of Color. He was also named Professional Lawyer of the Year by the New Jersey Commission on Professionalism in the Law, as well as being named as one of the 55 Most Influential Latinos in New Jersey by the Latino Leadership Alliance of New Jersey. About Archer Founded in 1928, Archer & Greiner, P.C. (Archer) is a full-service law firm serving Fortune 100 clients, small to medium-sized businesses and individuals. The firm provides litigation and transactional services in nearly every area of law, including business counseling, labor & employment, real estate, health care, intellectual property, family and matrimonial, personal injury, public finance, tax, trusts and estates, bankruptcy, land use and environmental law. With 175 attorneys, Archer has nine offices, including Voorhees, Hackensack, Princeton and Red Bank, NJ; Philadelphia and Harrisburg, PA; Wilmington, DE; New York, NY; and Houston, TX. ...read more

Maureen Coghlan, Debra Rosen and Richard Wells Recognized by NJLJ 2023 New Jersey Legal Awards

Archer is pleased to announce that three of the firm’s attorneys have been recognized for their efforts by the New Jersey Law Journal this year in the publication’s annual awards.* ...read more

Charles Dennen to be Featured on "Irish Coffee Hour" Podcast With the SJYPA

Archer associate Charles Dennen will be featured on the "Irish Coffee Hour" podcast with members of the South Jersey Young Professionals Association on March 22, 2021. ...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

David Edelstein and Matthew Conley to Serve as Speakers at the "New Jersey Water Rights and Regulation" Live Webinar

David Edelstein and Matthew Conley, Partners in Archer's Environmental Law Group, will present "Understanding New Jersey Surface Water and Groundwater Rights" at HalfMoon Education, Inc.'s New Jersey Water Rights and Regulation Live Webinar. The webinar will take place on Tuesday, September 26th from 8:30 AM - 4:30 PM. ...read more

Daniel Farino and Vinita Banthia to Speak on a Panel at the NJ State Bar Association's Annual Environmental Law Forum

Archer Environmental Law Group attorneys Daniel Farino and Vinita Banthia will speak a panel at the New Jersey State Bar Association's Annual Environmental Law Forum on June 16-18, 2023. ...read more