Below are the bills moving yesterday in Trenton. The 220th Legislature began on January 11, 2022, following the 2021 elections for Assembly and Senate. It will end onJanuary 9, 2024
A4791 – Establishes “Resiliency and Environmental System Investment Charge Program.” • 01/04/2024 Reported out of Senate Budget Committee with committee amendments; 2nd reading in Senate
A4794 – Requires request for proposal to establish demonstration projects to develop electric vehicle charging depots serviced by distributed energy resource charging centers for certain electric vehicle use. • 01/04/2024 Reported out of Senate Budget Committee with committee amendments; 2nd reading in Senate
S3176 – Requires DEP and Drinking Water Quality Institute to perform a study concerning the regulation and treatment of perfluoroalkyl and polyfluoroalkyl substances. • 01/04/2024 Reported out of Senate Budget Committee, 2nd reading in Senate
S3184 – Establishes “Resiliency and Environmental System Investment Charge Program.” • 01/04/2024 Reported reported from Senate Budget Committee with committee amendments, 2nd reading in Senate
A4715 – Establishes uptime requirement for electric vehicle charging station incentive programs. • 01/04/2024 Reported out of Assembly Appropriations Committee, 2nd reading in Assembly
S3102 – Establishes uptime requirement for electric vehicle charging station incentive programs. • 01/04/2024 Reported out of Assembly Appropriaations Committee, 2nd reading in Assembly
Signed into law
S3123 – Revises goal for annual capacity of solar energy projects to be approved under Community Solar Energy Program; allows certain customers to self-attest to income for program participation; allows information disclosure of customers participating in program • 01/04/2024 Signed by the Governor P.L.2023, c.200
For additional information on legislation, call the Office of Legislative Services at 800-792-8630 For hearing-impaired users: Dial 711 for NJ Relay.
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Babst Calland recently named Gina Falaschi Buchman, Timothy S. Bytner, and Carla M. Castello shareholders in the Firm.
Gina Falaschi Buchman focuses her practice on environmental regulatory matters arising under the Clean Air Act.
Ms. Buchman provides advice to clients in the energy, transportation, and technology sectors regarding compliance with state and federal environmental regulations. She has assisted companies with disclosure of regulatory violations to state and federal agencies and has counseled clients in negotiations with the U.S. Department of Justice, U.S. EPA, and California Air Resources Board. In addition to counseling on compliance issues, Ms. Buchman has worked with technology and energy companies in developing new projects and has advised clients on regulatory issues arising from joint ventures, mergers, and acquisitions. She has also advised clients regarding aftermarket parts and vehicle tampering enforcement.
Ms. Buchman has litigated cases in federal court, represented clients in administrative cases before various federal agencies, and has experience with administrative rule challenges before the U.S. Courts of Appeals for the District of Columbia Circuit and Third Circuit. Ms. Buchman is admitted to practice in the District of Columbia, California, U.S. Court of Appeals for the District of Columbia Circuit, U.S. Court of Appeals for the Third Circuit, and U.S. District Court for the Eastern District of California. Ms. Buchman has litigated cases in federal court, represented clients in administrative cases before various federal agencies, and has experience with administrative rule challenges before the U.S. Courts of Appeals for the District of Columbia Circuit and Third Circuit. Ms. Buchman earned her J.D. from Georgetown University Law Center and her A.B. from Georgetown University.
Timothy Bytner focuses his practice primarily on federal and state environmental regulation and litigation. A significant portion of his practice is spent advising clients on matters involving the remediation and reuse of contaminated properties under both state and federal jurisdiction, including counseling clients on Pennsylvania’s Act 2 Land Recycling and Environmental Remediation Standards Act. He has counseled clients on a variety of matters involving storage tank jurisdictional issues and compliance under Pennsylvania’s Storage Tank Program.
Mr. Bytner has also counseled clients in environmental compliance issues involving the Clean Air Act, Clean Water Act, RCRA, EPCRA, CERCLA, and a wide variety of state regulatory issues. He regularly handles wetlands, stream encroachment, and stormwater issues associated with site development. In addition, Mr. Bytner has experience in matters involving environmental emergency response and the Spill Prevention, Control, and Countermeasure Rule, the Facility Response Rule, and various state planning requirements. Mr. Bytner is a member of the Allegheny County, Pennsylvania and American Bar associations. Mr. Bytner received his J.D. from the Duquesne University School of Law, and a B.S. in Biology from the University of Pittsburgh at Johnstown.
Carla Castello has a broad range of litigation experience in several practice areas including commercial, labor and employment, consumer protection, antitrust, energy, and toxic tort.
Her experience includes assisting corporate clients in defending a variety of matters, including environmental and toxic tort disputes, commercial contract disputes regarding the manufacture, design, installation and testing of large industrial equipment, and conflicts between shareholders in closely held businesses. Ms. Castello has experience in all stages of litigation, including complex commercial and class action litigation involving extensive electronic and foreign language discovery. She has represented clients in various federal and state courts and before single and three-judge arbitration panels.
Ms. Castello is admitted to practice in Pennsylvania, the District of Columbia and Virginia, as well as before the United States District Courts for the Eastern District of Virginia, the Western District of Virginia, and the Western District of Pennsylvania and the United States Court of Appeals for the Third Circuit. She is a member of the Allegheny County, Virginia, District of Columbia, and American Bar associations. Ms. Castello graduated from the University of Maryland with a B.A. in Economics and received her J.D. from the George Washington University Law School.
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Energy regulators’ power to address planet-warming emissions is in the crosshairs in federal courts in 2024.
By Niina H. Farah, E&E News, Energy Wire
In one of the year’s biggest cases, the Supreme Court could rein in the Federal Energy Regulatory Commission’s ability to use 50-year-old laws to take bold action on emerging problems like climate change.
At issue in Loper Bright Enterprises v. Raimondo — a high-profile legal battle that will ripple through all federal agencies — is whether the justices should overturn the Chevron doctrine, which for 40 years has given regulators at FERC and elsewhere the benefit of the doubt in lawsuits over their rules.
The justices could deal a second blow to FERC this year in a securities case that has the potential to hinder the agency — and other federal regulators — from enforcing its own rules.
Beyond the Supreme Court, federal judges in 2024 may also require FERC to take a closer look at the climate impacts of the natural gas pipelines and export facilities it approves.
As the nation’s chief regulator of electricity and natural gas transmission, FERC has come under increasing pressure in recent years to stop approving projects that will be significant contributors to rising global temperatures.
How courts decide those disputes “will have reverberating effects, especially if FERC loses,” said Moneen Nasmith, a senior attorney at Earthjustice, which represents environmental organizations challenging the agency.
“What we really want FERC to be doing,” she said, “is talking about these emissions in a way that truly indicates that they understand how bad a project may be for the climate.”
Following are some of the biggest energy cases to watch in the coming year.
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After years of fits and starts, energy generated by offshore wind was delivered onto the grid that powers Massachusetts late Tuesday night.
One turbine of the Vineyard Wind 1 project delivered approximately five megawatts of power at 11:52 p.m. Tuesday, project co-owners Avangrid and Copenhagen Infrastructure Partners announced Wednesday morning.
Eventually, the wind farm about 14 miles south of Martha’s Vineyard is expected to have 62 turbines capable of generating just more than 800 MW of power.
Project developers said the first megawatts transmitted to the grid came “as part of the initial commissioning process” and said there is “additional testing expected to happen both on and offshore in the coming weeks.”
Vineyard Wind 1 expects it will have five of its 62 turbines operating at full capacity “early in 2024.” Each turbine is capable of generating 13 MW of power.
On Tuesday, after missing its self-imposed target of delivering the first power by the end of 2023, a project spokesman clarified the timeline a top official gave last year for full commercial operations. The full 806 MW wind farm is now expected to be fully operational “in 2024” as opposed to the more specific “mid-2024” target shared in August.
Gov. Maura Healey called Wednesday’s announcement “a historic moment for the American offshore wind industry.”
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The Assembly Appropriations Committee will meet on Thursday, January 4, 2024, at Noon in Committee Room 11, 4th Floor, State House Annex in Trenton, NJ.
Among more than 20 bills up for a vote are:
A2836 – Requires DEP, DOH, owners or operators of public water systems, and owners or operators of certain buildings to take certain actions to prevent and control cases of Legionnaires’ disease.
A4715 – Establishes uptime requirement for electric vehicle charging station incentive programs.
S3102 – Establishes uptime requirement for electric vehicle charging station incentive programs.
S1006 – Requires DEP, DOH, owners or operators of certain public water systems, and owners or operators of certain buildings to take certain actions to prevent and control cases of Legionnaires’ disease.
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New Jersey’s bobcat population has witnessed a significant surge, pointing to positive strides in conservation efforts, according to a recent study by the Department of Environmental Protection.
The study, delving into the habitats and population density of bobcats, estimates a striking increase, indicating there are 200 to 400 bobcats thriving in the Garden State. This marks a substantial rise from previous statistics and indicates a successful response to conservation initiatives.
Historically, bobcats faced challenges in New Jersey stemming from habitat loss, hunting, human conflicts, and road accidents. The toll of road-related fatalities on bobcats was particularly concerning, with the confirmed number reaching its peak at 15 in 2019. Mary Conti, director of marketing at the Nature Conservancy nonprofit, said car crashes cause annual mortality of up to 20% of New Jersey’s bobcat population.
The Department of Environmental Protection highlighted a poignant statistic: Over 70% of bobcats struck by vehicles in New Jersey are under 2 years old and likely unfamiliar with road hazards. The young cats disperse over long distances, traversing unfamiliar terrains and roads in search of their own territory.
Reports of bobcats encountered or killed on roads persisted through the 1950s and 1960s, leading to the species being listed as endangered in June 1991. In response, conservationists and wildlife agencies rallied, implementing measures to preserve their habitats and regulate hunting practices. These efforts and heightened public awareness have been pivotal in the bobcat’s recovery.
Conti said the mountain ridges, natural fields, and forests of northwestern New Jersey are key areas for bobcats.
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