Insights

More than fourteen months ago, in response to the COVID-19 public health emergency, the Supreme Court of the State of New Jersey authorized a suspension of all eviction trials, commercial and residential, that only allowed for these matters to proceed to trial in certain limited circumstances under narrow exceptions.  

While Memorial Day weekend might offer a long-awaited reprieve for many New Yorkers, employers must return prepared for another round of COVID-fueled requirements. Earlier this month, Gov. Andrew Cuomo signed legislation coined as the New York Health and Essential Rights (HERO) Act. Aiming to address airborne infectious diseases in addition to COVID-19, the HERO Act places significant requirements on New York employers and takes effect over two phases.  

We call to your attention NJDEP’s recently proposed amendments to its air regulations which raise questions as to whether fumigation and/or pesticide application operations, such as in office buildings, are to be subject to the detailed requirements of air permitting. Commercial building owners should review these proposed rules with their pesticide and fumigation contractors. If applicable, these rules may require building owners and/or commercial pesticide applicators to obtain an air permit, meet strict reporting requirements, and even install stacks to vent the fumigants. The comment period for this proposal has been extended to June 1, 2021.  

Catch CSG's Robert H. Crespi at the 2021 BCONE - Brownfield Coalition of the Northeast Sustainable Communities Workshop on June 23, from 1:45 – 2:45 PM. His panel, “Insurance and Risk Management Tools for Brownfield Projects,” will provide the audience with tools available in the brownfields toolbox kit, including the use of current environmental insurance products, forensic insurance policies analysis and appropriate contract documents. Panelists will also discuss the current state of the environmental insurance market.  

CSG’s Shirley U. Emehelu will present, "New York vs. New Jersey Federal Practice," on Thursday, June 10, from 9:00 AM – 12:35 PM (EST). This webcast, hosted by the New Jersey Institute for Continuing Legal Education, will highlight the major differences that criminal and civil federal practitioners face when practicing in both New York and New Jersey.  

Chair, Dennis M. Toft, and Practice Group Leader of CSG’s Environmental Law Group, John G. Valeri Jr., will provide an environmental justice update for NJ businesses on Friday, May 21, from 12:00 – 1:00 PM EST. This Celesq discussion will cover the Biden Administration’s key environmental justice initiatives and how they will impact businesses in the State of New Jersey.  

Michelle A. Schaap was featured in a CybersecurityDIVE article detailing the Supreme Court’s decision pertaining to the Computer Fraud and Abuse Act in Van Buren v. United States, which places an onus on employers to look to means other than the CFAA to address misuse of access. In the story, she offers an analysis of the decision and weighs in on alternative measures for recourse and protection employers should consider with the decision in mind.  

Gemma M. Giantomasi and Jeffrey M. Gussoff, Co-Practice Group Leaders of CSG’s Real Estate, Development & Land Use Group, were published in the New Jersey Law Journal with a Q&A moderated by Group Chair, Mitchell S. Berkey, exploring their experience managing the remote-work paradigm. In the article, they dive into topics including practice group management, how they have fostered connections with clients, colleagues and other contacts despite “socially distant” circumstances, and a forward look at the resumption of in-office operations and how these operations might be defined in the future.  

Michelle A. Schaap authored a guest blog post for CIANJ highlighting the May 12 Executive Order signed by President Biden to better safeguard the United States from cyberattacks.  

The State of New Jersey issued a press release last month¹ that urges state-operated businesses to begin preparations now for a single-use plastics ban, which becomes effective on May 4, 2022. The ban will include single-use carryout bags and polystyrene foam food-service products in stores and food-service businesses. Starting Nov. 4, 2021, food service businesses will only be allowed to provide single-use plastic straws by customer request.

I was once asked this by a friend. "I'd like to buy a vacation home that would stay in my family for several generations. You're an environmental lawyer, where can I buy a vacation on or near a Jersey Shore beach that won't be affected by climate change?" My answer was simple. "You probably can't. Think instead about a home on a hill in the Berkshires." Sometime later, I shared with him the remarks of a public official in Florida who noted that sea rise was cutting off some waterfront homes from the Intracoastal Waterway because their boats could no longer clear certain bridges and the town lacked the resources to raise them. "Do you think that will affect the mortgageability of those properties?"

New York and New Jersey are just beginning to grapple with the regulatory controls that will be placed on the states' budding cannabis industries. Questions arise as to how each state will regulate the industry from an environmental perspective. Over the last few weeks, I have presented blog posts discussing generally the kinds of issues that may come up. Continuing with that series on the cannabis environment, this blog post will briefly consider potential clean air regulations that may be relevant in the cannabis context.