Appellate Court Upholds DEP Waiver Rule

Adopting the legal arguments made by Paul H. Schneider and Afiyfa H. Ellington, the Appellate Division of New Jersey Superior Court unanimously upheld DEP’s controversial “Waiver Rules,” which allow DEP to relax or waive strict compliance with its regulations.  The rules specify four circumstances in which DEP may consider a waiver: (1) when rules conflict, […]

Legislation Benefiting Property Excluded From Wastewater Service Areas Set To Expire January 2014

Counties attempting to satisfy DEP’s mandate to update Wastewater Management Plans (WMPs) have excluded significant areas of developable land from proposed future wastewater service areas (FWSA), limiting allowable groundwater discharge to 2,000 gpd or less.  Legislation adopted in January 2012 (P.L. 2011, c.203) provides affected landowners with an avenue of relief for such excluded parcels.  […]

GH&C Attorneys To Speak At The 2013 Atlantic Builders Convention

The following educational seminars feature the firm’s attorneys at the upcoming Atlantic Builders Conference, April 10-11, 2013: Rebuilding after Sandy Wednesday, April 10, 2013; 9:00 AM – 11:00 AM AICP CM, CLE, CPC Michael J. Gross – Moderator Superstorm Sandy caused unprecedented damage and destruction to many homes, businesses, and communities. Learn about the many […]

GH&C’s Paul Schneider Prevails Before New Jersey Supreme Court

Adopting the legal analysis advocated by Paul Schneider on behalf of the New Jersey Builders Association, the New Jersey Supreme Court ruled that developers may not be required to pay duplicative sewer connection fees.  New Jersey statutes permit utilities authorities and sewerage authorities to charge periodic service fees for those using their wastewater systems.  In […]

Gina McCarthy nominated as new EPA Administrator

On March 4, 2013, President Obama nominated Gina McCarthy to be the next Administrator of the United States Environmental Protection Agency.  She replaces New Jersey native, Lisa Jackson.  Ms. McCarthy currently heads the EPA’s Air and Radiation Office.  As such, she has focused on climate change and as with some other Administration nominations, this one […]

Modifying No Further Action Letters

Under the new privatized Site Remediation Program, consultants are confronted with situations where previously issued No Further Action Letters (NFAs) have been issued “conditionally”, with a Deed Notice or Classification Exception Area (CEA).  In certain instances, CEAs can be lifted where contaminants have degraded to acceptable levels and therefore would have warranted an “unconditional NFA” […]