Michael C. Gross joins Post & Schell’s enviro practice

Post & Schell announces that Michael C. Gross has joined the firm in its Environmental Practice Group, resident in the Firm’s Philadelphia Office.
Mr. Gross, formerly a partner at the  boutique environmental law firm Manko, Gold, Katcher & Fox, LLP where he began his legal career, represents clients in a wide array of environmental matters including: the facilitation of environmental due diligence; contractual allocation of environmental risks and liabilities; brownfields redevelopment; site remediation; regulatory compliance; responding to environmental enforcement actions; and environmental insurance.

His national client base includes industrial entities, commercial and residential real estate developers, energy producers, and municipalities. Mr. Gross has specialized brownfields redevelopment experience in the Lehigh Valley, having represented multiple purchasers of former Bethlehem Steel Site parcels within the Lehigh Valley Industrial Park.

Established in 2014, Post & Schell’s Environmental Practice Group has grown to five attorneys focused on sophisticated, transaction-oriented and regulatory compliance environmental counseling across a wide range of transactional, regulatory and litigation matters. The Group’s national client base comes from industries with complex regulatory schemes and significant potential liabilities that benefit from a practical, business-oriented approach to environmental issues. Representative clients include: private equity funds, real estate developers, investors and managers, municipalities, as well as energy, chemical, health care, and manufacturing companies.
Prior to his legal career, Mr. Gross was a senior legislative aide on Capitol Hill and recently served on a committee advising Pennsylvania Governor Tom Wolf on environmental policy issues during the 2014 gubernatorial campaign. He also served on former Pennsylvania Governor Edward G. Rendell’s environmental policy transition team, and the Vapor Intrusion Legal Task Group of ASTM International. The latter included crafting a uniform standard for assessing vapor intrusion risks in commercial real estate transactions. These experiences provide him with a unique perspective to counsel clients in regulatory compliance matters, representing clients before government agencies in environmental permitting and enforcement matters. Since 2013, he has been listed inPennsylvania Super Lawyers/Philadelphia Magazine for environmental law and was selected as a “Rising Star” by the same publication in environmental law in 2007, 2008 and 2010.
Mr. Gross is a 2000 graduate of Temple University School of Law, where he was Editor-in-Chief of the Temple Environmental Law & Technology Journal. He also holds an M.A. in Government from Johns Hopkins University, and B.A. from Colorado College.
He serves as Vice Chair of the Lower Merion Township Environmental Advisory Council, and also serves on the Board of Directors of the Delaware Valley Smart Growth Alliance. He and his wife, the Deputy General Counsel and Chief Compliance Officer of a leading national security services provider, live with their two children in Merion, PA.
Post & Schell has fully staffed offices in Washington, D.C., Princeton, NJ, and Philadelphia, Pittsburgh, Harrisburg, Lancaster, and Allentown, Pa. 

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NJ gentlemen, start your (very quiet) Tesla engines


“Almost exactly one year after his administration stopped Tesla from selling electric cars at its New Jersey showrooms, Gov. Chris Christie has signed a law to allow it to restart sales,” Matt Friedman reports this afternoon for NJ.com.

“I said last year that if the Legislature changed the law, I would sign new legislation put on my desk and that is exactly what I’m doing today,” Christie said in a statement. “We’re pleased that manufacturers like Tesla will now have the opportunity to establish direct sales operations for consumers in a manner lawfully in New Jersey.” 

Christie got heat from the company — as well as commentators on the right and left — for his administration’s enforcement of a 1970s era law that requires cars be sold through dealerships, even though Tesla had been selling its cars at its Paramus and Short Hills showrooms for some time. 

Tesla has kept those show rooms open, but has not been able to sell the cars — which start at around $70,000 — or discuss pricing. Now, the company will be able to restart sales and open up to two more shops.

Read the full story here.

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Environment, Energy bills up tomorrow in Trenton

A busy day tomorrow in the New Jersey Legislature for energy and environment legislation. Here’s the lineup:

ASSEMBLY JUDICIARY
10:00 AM
Committee Room 12, 4th Floor, State House Annex
The committee will receive testimony from invited guests and the public
on the proposed $225 million settlement agreement between the NJ Attorney
General’s Office and ExxonMobil for the environmental damage caused by Exxon.
For consideration:
A-4281  McKeon, J.F. (D-27); Schaer, G.S. (D-36);
Prieto, V. (D-32)
Amends Fiscal Year 2015 budget to provide one-half of
certain environmental damage amounts recovered are appropriated for costs of
remediation, restoration, and clean up.
Related Bill: S-2791
      
A-4307  McKeon, J.F. (D-27)
Increases required public notice from 30 days to 60
days for settlements entered into by DEP pursuant to Spill Compensation and
Control Act.
      
S-2791  Sacco, N.J. (D-32); Sarlo, P.A. (D-36)
Amends Fiscal Year 2015 budget to provide one-half of
certain environmental damage amounts recovered are appropriated for costs of
remediation, restoration, and clean up.
Related Bill: A-4281      
 _______________________________________________________________________
ASSEMBLY TRANSPORTATION AND INDEPENDENT AUTHORITIES
10:00 AM
Committee Room 11, 4th Floor, State House Annex
The committee will take testimony concerning the current status and
health of the Transportation Trust Fund.
For discussion:
A-4151  Wisniewski, J.S. (D-19); Singleton, T. (D-7);
Lagana, J.A. (D-38)
Establishes State Transportation Infrastructure Bank
Fund within New Jersey Environmental Infrastructure Trust.
Posted for discussion only 
_______________________________________________________________________
ASSEMBLY ENVIRONMENT AND SOLID WASTE
2 PM
Committee Room 9, 3rd Floor, State House Annex,
For consideration:
A-1586  Spencer, L.G. (D-29)
“Comprehensive Regulated Grease Recycling
Act.”
      
 A-1738  Eustace, T. (D-38); Wimberly, B.E. (D-35);
Gusciora, R. (D-15)
Establishes Capture, Control, and Conserve Reward
Rebate Program in DEP to encourage property owners to implement certain
techniques to conserve water or control stormwater runoff.
     
A-3169  Greenwald, L.D. (D-6); Vainieri Huttle, V.
(D-37); Webber, J. (R-26)
Requires DEP to submit annual financial report on
status of certain fund balances.
      
A-3954  Conaway, H. (D-7); Singleton, T. (D-7);
Spencer, L.G. (D-29)
Requires maximum contaminant level to be established
for 1,2,3-trichloropropane in drinking water.
    
A-4047  Eustace, T. (D-38); Spencer, L.G. (D-29);
Lampitt, P.R. (D-6); Benson (D-14)
Creates Office of Sustainability.
Related Bill: S-2660
     Mar 19, 2015 – Posted: Assembly Environment
and Solid Waste
 A-4185  Eustace, T. (D-38); Spencer, L.G. (D-29)
Requires municipal land use plan element of master plan
to address smart growth and storm resiliency, and environmental sustainability
issues.
Related Bill: S-2424
      
A-4197  Andrzejczak, B. (D-1); Spencer, L.G. (D-29)
Implements constitutional dedication of CBT revenues
for preservation of farmland, historic properties, and open space, including
lands that protect water supplies and flood prone areas.
     
A-4206  Spencer, L.G. (D-29); Pintor Marin, E.
(D-29); Dancer, R.S. (R-12)
Implements 2014 constitutional dedication of CBT
revenues for open space, farmland and historic preservation purposes.
      
A-4258  Eustace, T. (D-38)
Clarifies liability for discharges of hazardous
substances from drilling platforms that enter NJ waters.
Related Bill: S-2172
     Mar 19, 2015 – Posted: Assembly Environment
and Solid Waste
 A-4261  Eustace, T. (D-38); Spencer, L.G. (D-29)
Requires State to include distributed energy resource
in certain new State buildings and consider retrofitting certain existing State
buildings with distributed energy resource.
Related Bill: S-2340
      
S-2166  Lesniak, R.J. (D-20)
“Comprehensive Regulated Grease Recycling
Act.”     
__________________________________________________________________________

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Pinelands supporters outraged by vote to replace Commission member who voted against pipeline


Green-shirt-clad Pinelands supporters, who filled the Senate gallery yesterday afternoon were crestfallen when, after failing to attract enough votes on a first attempt, a motion to add a likely supporter of a gas pipeline to the Pipelines Commission was approved by one vote margin.

Senate President Steve Sweeney, who sided with Gov. Chris Christie in advancing the nomination of Robert Barr, and who earlier warned the crowd against vocal reactions, then ordered the gallery cleared.

The tally on Pinelands Commission nominee before two  crucial votes were added 

Senator_Raymond_Lesniak
Four senators–Bob Smith (D), Nia Gill (D), Kip Bateman (R) and   Jennifer Beck (R) urged their colleagues to vote no on the nomination.  No senator testified in support of Barr’s nomination.

Click here to hear their testimony


Related environmental news stories:
Christie’s Pinelands pick approved amid outcry
Robert Barr wins seat after some arm-twisting
Four Former NJ Governors Move to Block Pinelands Panel Nomination
Christie’s nomination for Pinelands Commission OK’d as pipeline project looms
Sweeney defends role in Pinelands Commission flap – Asbury Park Press

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NY high-net-worth investors put wind, solar energy at top

New York area high-net-worth investors have clear preferences for alternative energy development, Kevin Peters writes in the Lewisboro Ledger.
“A Morgan Stanley nationwide poll of high net worth investors shows support for the expansion of wind farms (86% said they liked the idea) and solar energy “parks” (85%).
“Considerably fewer (67%) support development of the Keystone oil pipeline system between the U.S. and Canada. And when it comes to fracking, the controversial method of squeezing energy from the earth by pumping in water mixed with chemicals, only 48% in the tri-state approved.
“Investors in the tri-state area continue to be optimistic about the direction of both the state and national economies: 81% surveyed said they are optimistic about the national economy and 80% feel strongly about the tri-state economy in 2015. A year ago 83% felt strongly about the New York metro economy.
“A solid 75% say the global economy will be the same or improve this year, while 72% hold the same views for the state economy.”
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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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