Enviro attorney Todd W. Terhune joins Scarinci Hollenbeck

Todd W. Terhune
Environmental Attorney Todd W. Terhune has joined the law firm of Scarinci Hollenbeck  as a partner in its Environmental and Land Use Group. He will also serve as Co-Chair of the firm’s Brownfields and Infrastructure Subgroup.

Terhune brings more than two decades of experience in the environmental field, practicing first as a licensed Professional Engineer and, for the past 15 years, as an environmental attorney. His practical, business-oriented approach to environmental problems makes him a welcome addition to the Scarinci Hollenbeck team. 

Formerly with Wolff and Samson, Terhune has worked on a wide range of environmental issues arising out of real estate and business transactions, as well as in regulatory compliance and enforcement matters. He routinely appears before the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency, although he has worked with environmental matters on almost every continent.
Terhune’s notable projects include the purchase and remediation of a 400-acre former munitions facility in Cranbury and a 130-acre chemical facility in Burlington Township. He also assisted with the sale of 80 fast food franchise stores across the region, many of which were previously occupied by gas stations or dry cleaners.
Working as an environmental engineering consultant and a licensed Professional Engineer, Terhune handled environmental due diligence, environmental permitting, soil and groundwater contamination assessment, and landfill gas assessment and control. Terhune notes that his technical background is an invaluable skill when navigating technically driven legal issues and negotiating with environmental consultants, LSRP’s, regulators and adversaries.
Todd obtained his Bachelor of Science from Widener University, where he returned almost a decade later to pursue law. 
Other attorneys adding their expertise to the firm’s Environmental and Land Use Group are:  Sandra T. Ayers, William A. Baker, Kenneth J. Hollenbeck, Kara A. Kaczynski, Victor A. Kinon, Robert A. Marsico, Patrick J. McNamara, Donald M. Pepe, Ramon E. Rivera, John M. Scagnelli (section chief), Theodore A. Schwartz, Sheri K. Siegelbaum, William C. Sullivan, Jr. and Peter R. Yarem.   

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New environment, energy and ag bills in the NJ Senate

Five bills and four resolutions addressing environment, energy and agriculture issues were introduced on Thursday, March 12, in the New Jersey Senate.


To see a full copy of any of the bills listed below, click on the bill number. 

S-2807  O’Toole, K.J. (R-40)
Establishes committee to develop consolidation plan for
Newark Watershed Conservation and Development Corporation, North Jersey
District Water Supply Commission, and Passaic Valley Water Commission.
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Environment
and Energy

S-2819  Van Drew, J. (D-1)
Directs Department of Agriculture to publish on its
website “New Jersey Gleaning Week” and “Farmers Against Hunger
Day” page.
Related Bill: A-4079
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Economic
Growth

S-2820  Van Drew, J. (D-1)
Requires drivers to slow down before passing slow
moving vehicles; establishes Statewide educational campaign on rural roadway
safety; updates agriculture-related motor vehicle laws to reflect current
industry practices.
Related Bill: A-3927
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate
Transportation
S-2821  Van Drew, J. (D-1)
Creates striped bass license plates.
Related Bill: A-2786
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate
Transportation
S-2825  Sweeney, S.M. (D-3)
Increases efficiency and transparency in distribution
of Superstorm Sandy aid money.
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Community
and Urban Affairs
SCR-159  Whelan, J. (D-2)
Urges President and Congress to reinstate and extend
production tax credit for wind energy.
Related Bill: ACR-143
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Environment
and Energy
SJR-73  Van Drew, J. (D-1)
Designates third week of September as “New Jersey
Gleaning Week.”
Related Bill: AJR-93
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Economic
Growth
SJR-74  Van Drew, J. (D-1)
Designates Wednesday of third week of September as
“Farmers Against Hunger Day.”
Related Bill: AJR-94
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Economic
Growth
SR-117  Holzapfel, J.W. (R-10)
Opposes President’s Plan to allow oil and natural gas
drilling in Atlantic Ocean.
Related Bill: AR-221
     Mar 12, 2015 – Introduced in Senate
     Mar 12, 2015 – Referred: Senate Environment
and Energy


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Wolf administration continues former Gov. Corbett's effort to attract Shell ethane cracker plant to Penna.

Acting Department of Commerce and Economic Development Secretary Dennis Davin told members of the House Appropriations Committee Wednesday that the Wolf administration is continuing efforts to attract and finally bring the proposed Shell ethane cracker plant to Beaver County, Jason Gottesman writes in The PLS Reporter.

“I think part of what we’ve done is look at opportunities to really significantly work with [Shell] going forward,” said Sec. Davin, noting the administration does not yet know when a final decision will be made.

He reported Shell continues to work through the permitting process with federal, state, and local agencies and reported all are working efficiently to consider the required permits.

“We feel confident there is a lot of continued activity and progress and we will be here to help in any way we can, “ Davin added.

The saga to bring the plant to the Monaca area is now entering its third year with the state making a number of enticing overtures to Royal Dutch Shell t win the cracker plant over a number of other proposed locations.

Read the full story here

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GOP lawmaker quizzes PADEP on new gas rules process

Rep. John Maher (R-Allegheny), majority chairman of the House Environmental Resources and Energy Committee, aired numerous grievances with the Department of Environmental Protection’s process in creating and considering draft regulations that pertain to surface activities of oil and gas drillers during Wednesday’s House Appropriations Committee budget hearing with the department.
Alanna Koll reports in The PLS Reporter:
"A revised draft of the regulations was presented by DEP Monday and are planned on being reviewed by the Oil and Gas Technical Advisory Board at a March 20th hearing.
“You’ve talked many times about integrity and transparency, and I’m a great fan of both,” he told Acting DEP Sec. John Quigley. “What I’ve seen in this case doesn’t exhibit either.”
"Not only did Rep. Maher fault the department for having the regulations considered in such a short period, but also for posing confusing and possibly outdated information and not disclosing the new members of the Technical Advisory Board who will be considering the regulations.
"He also questioned why neither the technical advisory board nor the Environmental Quality Board was involved in the creating of the draft regulations.
“These seem to me to be very great matters of concern,” he said. “I would urge you, as you go forward here and go forward with the other rulemakings that you’ll probably have, that there is better attention to the integrity and transparency.”
"Sec. Quigley defended the process, noting the department has even added an additional 30-day comment period following the upcoming hearing."
 
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See who will serve on Pa's oil and gas advisory board

Horizontal drilling rig - Photo credit - Flickr -Philip Rogers
Horizontal drilling rig – Photo credit Philip Rogers (Flickr)

The Department of Environmental Protection (DEP) today announced the members of the
Oil and Gas Technical Advisory Board (TAB). TAB’s mission is to increase transparency
and communication about regulating the unconventional oil and gas drilling industry.

TAB is authorized under the 2012 Oil and Gas Act to advise DEP in the formulation, drafting, and presentation stages of all regulations relating to unconventional oil and gas extraction. TAB will be given the opportunity to review and comment on all regulations of a technical nature prior to submission to the Environmental Quality Board.

Five members chosen by the governor


Five TAB members were appointed by Governor Tom Wolf on March 9. Three members are either petroleum engineers, petroleum geologists or drillers with at least three years of experience in Pennsylvania. One member is a coal mining engineer with three years of experience in Pennsylvania. The last voting member is a geologist, petroleum engineer or driller with three years of experience in Pennsylvania, chosen from three candidates supplied by the Citizens Advisory Council to the governor.The Advisory Board members include:

• Fred J. Baldassare, P.G., Owner & Senior Geoscientist, ECHELON Applied Geoscience Consulting
• David A. Yoxtheimer, P.G., Hydrogeologist, Marcellus Center for Outreach and Research at The Pennsylvania State University
• Robert C. Hendricks, P.G., Water Team Lead/Groundwater Protection Lead Appalachia, Shell Exploration and Production Company
• Casey V. Saunders, P.E., Pennsylvania Coal Operations Senior Project Engineer, CONSOL Energy
• Bryan J. McConnell, P.G., Environmental Program Manager, Tenaska, Inc.

Non-voting members

The non-voting members of the Advisory Board are selected by the Secretary of the Department of Environmental Protection. They are:

• John Walliser, Esq., Vice President of Legal & Government Affairs, Pennsylvania Environmental Council
• W. Michael Griffin, Ph.D., Executive Director of the Center for Energy and Decision Making, Carnegie Mellon University
• Emily Krafjack, President, Connection for Oil, Gas, & Environment in the Northern Tier, Inc.
• Barbara G. Kutchko, Ph.D., P.E., Physical Scientist, National Energy Technology Laboratory at the US Department of Energy



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PADEP outlines overhauled rules for natural gas drillers

DRILLING_RIG_-_Credit_Flickr_Phoenix_Law
Fracking Rig –  Photo Flickr – Phoenix Law


Pennsylvania environmental regulators are moving to tighten land and water protection rules on shale gas producers, David Conti reports in the Pittsburgh Tribune-Review.

“The latest draft of regulations set in motion by Act 13 of 2012, a comprehensive overhaul of drilling laws, would require new permits and standards for open-air wastewater impoundments, where leaks and design problems have led to multimillion-dollar fines against companies over the past year.

“The revisions that Department of Environmental Protection officials outlined Monday would add protective steps that companies must take if they want to drill near a school, playground or wetland; clarify rules on restoring water supplies fouled by gas wells; require more testing for and monitoring of nearby wells; increase regulation of noise around shale wells; and require electronic filing of reports. The department wants to ban waste pits at individual sites, though Deputy Secretary Scott Perry said no companies use those.

“Frankly, the stuff we’ve read so far, it’s things that are being done throughout the industry already by certain operators,” said John Norbeck, acting CEO of the Harrisburg-based environmental group PennFuture.

“Acting DEP Secretary John Quigley, who publicly criticized the use of wastewater impoundments before Gov. Tom Wolf appointed him to head the industry’s top regulator, called the latest revision to the proposed rules “a great step forward for responsible drilling in Pennsylvania. My definition of that is protecting public health and the environment while enabling drilling to proceed.”
Read the full story here 

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Recent Blog Posts:
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