DEP Begins Implementation of “Waiver Rule”

On August 1, 2012, DEP began implementing the long-anticipated “waiver rule,” which allows DEP to relax or waive strict compliance with its regulations in four narrowly circumscribed situations…   To read more, visit the full article at

Supreme Court Rules Against DEP on Spill Act Proofs

In a September 26, 2012 decision, the New Jersey Supreme Court decided that to recover money damages under the Spill Compensation and Control Act (Spill Act), it is not enough for DEP simply to prove that a defendant discharged a hazardous substance present at the contaminated site. Rather, to obtain monetary damages DEP must show […]

Amendments Made to the Permit Extension Act

Today the Governor signed amendments to the Permit Extension Act that further extend most development approvals until at least December 31, 2014, or in some cases until June 30, 2015, depending upon when the original approval would have expired. Prior to this amendment, the expiration dates under the Permit Extension Act were December 31, 2012 […]

NJDEP Appoints Marc Policastro To Off-Site Source Investigation/Documentation Committee of NJDEP’s Technical Guidance Group.

Marc Policastro, shareholder at Giordano, Halleran & Ciesla, PC, was recently appointed by New Jersey Department of Environmental Protection’s (NJDEP) Off-Site Source Investigation Committee of NJDEP’s Technical Guidance Group.  The Technical Guidance Group of NJDEP is composed of DEP Staff and outside Stakeholders with the responsibility of developing technical guidance, training on guidance and responding […]