New Jersey Water Rights and Regulation
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Tuesday, September 26, 2023
8:30 am – 4:30 pm EDT
Understanding New Jersey Surface Water and Groundwater Rights
Presented by: David Edelstein and Matthew R. Conley
- Ownership of surface water: public waters and the doctrine of riparian rights
- The public trust doctrine
- Regulation of surface water rights
- Obtaining surface water rights
- Application and permitting process
- Amending surface water rights
- Current issues in surface water rights
- New Jersey Waterfront Development Act regulation and enforcement
- Ownership of groundwater
- Regulation of groundwater rights
- Obtaining groundwater rights
- Application and water well permitting process
- Current issues in groundwater rights
Current Issues with the Clean Water Act
Presented by: Jeffrey M. Pollock, Esq.
- Environmental justice and access to drinkable water
- The Sackett decision and jurisdiction over “navigable water”
- Government intentions
- Water wars
Update on PFAS and Other Contaminants in Water
Presented by: Jeffrey M. Pollock, Esq.
- Types of water contaminants and their effects
- Identifying water contaminants
- Solving problems caused by contaminated water
Liability Arising from Drainage Issues
Presented by: Robert D. Sokolove
- Municipal vs. private liability
- Reasonable use doctrine/common enemy doctrine
- Municipal immunity
- Potential causes of action:
- Inverse condemnation
Federal, State and Local Regulations Impacting Drainage Requirements and Liability
Presented by: Robert D. Sokolove
- Watershed management requirements
- Municipal participation in the National Flood Insurance Program (NFIP)
- Mandates, created by a community‘s own ordinances
- FEMA requirements-opportunities, benefits, and hidden risk
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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6.5 HSW CE Hours
6.5 ASFPM CECs
Up to 6.5 HSW CE Hours*
6.5 LA CES HSW PDHs
7.5 CLE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs for professional engineers and 6.5 HSW continuing education hours for licensed architects in New Jersey. *This webinar is also designed to qualify for up to 6.5 HSW CE hours for landscape architects; licensee application for approval may be necessary.
HalfMoon Education is an approved continuing education sponsor for engineers in New Jersey (Approval No. 24GP00000700).
The American Institute of Architects Continuing Education System has approved HalfMoon Education as a sponsor of continuing education (Sponsor No. J885). This course has been submitted for AIA CES approval and is currently pending. Only full participation is reportable to the AIA CES.
This webinar has been approved by the Association of State Floodplain Managers for 6.5 CECs for floodplain managers.
The Landscape Architecture Continuing Education System has approved HalfMoon Education as a provider of continuing education. This course is approved for 6.5 HSW PDHs. Only full participation is reportable to the LA CES.
HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6.5 for Certified Planners.
This 390-minute, live-format webinar has been approved by the New Jersey Supreme Court Board on Continuing Legal Education.
Visit this course listing at www.halfmoonseminars.org for updates on pending credits. Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate. The following pre-approvals may be available for the on-demand format upon request:
6.5 HSW LUs (AIA)
6.5 HSW PDHs (LA CES)
Matthew R. ConleyArcher & Greiner, P.C.
Matthew Conley is a partner in the firm’s litigation and environmental law departments. He concentrates his practice on complex environmental, toxic tort and products liability litigation in state and federal courts. He has considerable experience prosecuting and defending claims relating to environmental contamination, including cost recovery, contribution and property diminution. Mr. Conley has particular expertise in the area of natural resource damages (NRD) and is a frequent speaker and commentator on NRD issues. He also has experience representing Fortune 100 and multinational companies at large Superfund sediment sites and in response to claims relating to per- and polyflourinated alkyl substances (PFAS). Mr. Conley has conducted and managed all phases of discovery in complex litigation and has significant experience with ESI discovery. He also has extensive experience advising clients on environmental regulatory matters in New Jersey, Pennsylvania, and other jurisdictions, with particular experience relating to the Site Remediation Reform Act, the Licensed Site Remediation Professional program, and the Industrial Site Recovery Act in New Jersey, RCRA corrective action, as well as the Act 2 process in Pennsylvania. Mr. Conley also has significant experience advising clients on the sale and development of commercial properties, particularly properties undergoing active remediation. Prior to joining Archer, Mr. Conley worked for the New Jersey Department of Environmental Protection as a Case Manager in the ISRA department.
David EdelsteinArcher & Greiner P.C.
David F. Edelstein is a partner in Archer & Greiner P.C.’s litigation department and has been repeatedly recognized as one of the top young environmental litigators in New Jersey by numerous publications. He currently represents Fortune 100 companies, large multinational corporations, and smaller businesses at several of the largest Superfund sites in the country. Mr. Edelstein also has significant experience representing clients in litigation brought pursuant to RCRA, the Clean Water Act, and comparable state statutes. In addition to his litigation practice, Mr. Edelstein provides regulatory counsel to clients performing environmental remediation, including negotiations with regulators and municipal governments in several states with respect to the on-going investigation of per- and polyfluorinated alkyl substances. He is intimately familiar with the emerging law related to PFAS.
Jeffrey M. Pollock, Esq.Fox Rothschild, LLP
As chair of the firm’s Alternative Dispute Resolution Practice, Mr. Pollock focuses his representations on complex litigation and appellate matters. He is certified by the New Jersey Supreme Court as a Civil Trial Lawyer. This certification is bestowed by the Court upon select attorneys who demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice and have been recognized by their peers as having sufficient skills and reputation in the designated area of law, among other requirements. Mr. Pollock also teaches trial practice and other related courses for the National Institute for Trial Advocacy (NITA). In client references provided to Chambers USA, Mr. Pollock has been called “an excellent trial lawyer” who is a “very zealous advocate,” and who is “relentless, personable, intelligent and creative.” He has also been noted as someone with a “significant depth of experience and knowledge in environmental law” who also “is very knowledgeable about insurance.”
Robert D. SokoloveCurtin & Heefner, LLP
Robert D. Sokolove is a partner of the firm and for over 40 years has been providing legal and regulatory advice, has managed all aspects of corporate business and provided direction to lending institutions, insurance companies, builders and developers and communities with respect to flood insurance and related risk mitigation. His ability to leverage his knowledge and experience into tangible positive results has made Mr. Sokolove a sought-after speaker at conferences, an expert witness in courts and before legislative bodies, and a published writer on subjects involving flood insurance and revenue creation through green initiatives. Mr. Sokolove’s value in directing and managing organizations’ profitability ethically and sustainably is second to none, especially in the fields of flood insurance and eco-development. During the span of his career, he has represented some of the largest developers in the US, and has produced positive results and substantial profit for his companies’ shareholders and investors, reduced risk and avoided potential liability for his corporate and governmental clients. He advised some of the country’s largest organizations on how to produce revenue through the development of green and sustainable infrastructure projects. Mr. Sokolove has been an attorney involved with flood issues over the last 45 years of his career. He was FEMA’s first associate general counsel for flooding, dating back to the inception of the agency. In the years since he has represented municipalities, engineers and private landowners involved with issues relating to storms and liability arising from causation and contribution to flood events.
AIA Provider Statement:
HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (email@example.com or (800) AIA 3837, Option 3).
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AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
Course Title: New Jersey Water Rights and Regulation
Delivery Method: Live Online
Course Description: This course provides design professionals with an understanding of New Jersey surface water and ground water rights (including the permitting process), discusses current issues with the Clean Water Act, explores the current state of PFAS and other contaminants in water, and discusses the federal, state, and local requirements impacting drainage.
Learning Objective 1:
Learners will be able to explore surface water and groundwater rights in New Jersey, specifically ownership, the public trust doctrine, permitting, regulations, and current issues.
Learning Objective 2:
Learners will be able to discuss the current issues with the Clean Water Act, including the concept of environmental justice as it relates to accessible drinking water, jurisdiction over navigable waters, and the government’s intention.
Learning Objective 3:
Learners will be able to identify water contaminants such as PFAS and other “forever chemicals,” discuss their effects on human health and the environment, and explore solutions related to contaminated water.
Learning Objective 4:
Learners will be able to reference and comply with federal, state, and local regulations impacting drainage requirements, such as watershed management requirements, FEMA requirements, and local mandates.
LUs: 6.5 LU Type: LU|HSWs.
Prerequisites: Familiarity with site design and drainage
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 07/31/2026
Complaint Resolution Policy:
Complaints regarding this course can be emailed to firstname.lastname@example.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.