Marc A. Rollo
Partner
Overview
Representative Experience
News & Insights
01.21.2025
Articles
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 Baccare 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.
01.07.2025
Client Advisories
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.
08.08.2024
Articles
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.