GH&C Secures Appellate Division Victory – Court Clarifies Options for Challenging State Agency Actions

Recently, Giordano, Halleran & Ciesla, P.C. (“GH&C”) attorneys successfully defended a challenge to a client’s development approvals in the New Jersey Appellate Division. In its decision, the Court clarified the options available to parties seeking to challenge permits issued by the New Jersey Department of Environmental Protection (“DEP”) and other agencies. The case involved a […]

Public Health Emergency’s End Sees DEP Public Comment Periods Scaled Back

In another step towards the return to normalcy, DEP Commissioner LaTourette took action by Administrative Order 2021-12 ending expanded public comment timeframes that had been made applicable to approvals under various DEP regulatory programs. In an action tied to the Covid-19 Public Health Emergency, DEP, by Administrative Order 2020-06, had previously implemented a 30-day extension […]

In Unusual Move, Developer Is Awarded Attorneys’ Fees and Costs Over Town’s Settlement Breach

Co-authored by Linda M. Lee In a win for developers, a New Jersey judge has taken the unusual step of awarding attorneys’ fees and costs for breach of a court-approved settlement over a proposed inclusive residential development. Somerset County Superior Court Judge Kevin M. Shanahan, P.J.Cv., held that Hillsborough Township violated the settlement when its […]

NJDEP Adopts Amended Remediation Standards

The New Jersey Department of Environmental Protection (“DEP”) published notice on May 17, 2021 of its March 31, 2021 adoption of amended remediation standards set forth at N.J.A.C. 7:26D-1.1 et seq. (55 N.J.R. 775).  It also released a plethora of new and updated guidance documents intended to assist remediation professionals and responsible parties navigate the […]

Governor Signs Law Ending Public Health Emergency

On June 4, 2021, in corresponding actions, Governor Murphy signed a law (A.5820) and Executive Order (EO 244) terminating the Covid-19 Public Health Emergency.  These actions leave the State of Emergency in place, but have implications for various Executive Orders and related agency administrative orders that relied upon the Public Health Emergency declared by the […]