NJDEP Publishes New Climate Change Rule Proposal
Substantial changes to NJDEP’s use Coastal, Flood Hazard, Wetland and Stormwater regulatory programs are coming that will severely impact proposed and existing development. NJDEP published its Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes (REAL) rule in the August 5, 2024 New Jersey Register and has up to a year to adopt the proposed amendments. […]
NJDEP Issues Major Environmental Justice Decision Imposing Special Conditions
On Thursday, July 18, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) issued an environmental justice approval to the Passaic Valley Sewerage Commission (“PVSC”) authorizing the construction and operation of an on-site emergency standby power generating facility (“SPGF”) (a natural gas-fired power plant) at the PVSC’s wastewater treatment plant in Newark, New Jersey. PVSC […]
Appellate Division Vacates NJDEP Freshwater Wetlands GP#1 Issued to NJDOT
Co-authored by Linda M. Lee In a second go around in the Appellate Division for the same case, the Court vacated a Freshwater Wetlands General Permit #1 issued by the New Jersey Department of Environmental Protection (“NJDEP”) to the New Jersey Department of Transportation (“NJDOT”), which allowed for the rehabilitation and reconstruction of a Confined […]
NJDEP Proposes Bald Eagle Removal and Other Changes to New Jersey’s Threatened and Endangered Species Lists
Co-authored by Steven M. Dalton and Matthew L. Capone On June 3, 2024, the New Jersey Department of Environmental Protection announced a rule proposal which would update the endangered species and the nongame species lists promulgated by the Fish & Wildlife Endangered and Nongame Species Program (“ENSP”). These proposed updates would reflect, among other changes, […]
Appellate Division Provides Insight Into Rights Inherent to Tidelands Grants and Tidelands Licenses
Co-authored by Matthew L. Capone A new unpublished case decided by the Appellate Division provides insight into how courts view those rights granted to the holder of tidelands grant versus those afforded by a tideland’s license. In the Matter of P.T. Jibsail Family Ltd. P’ship Tideland License involved the appeal of the issuance and modification […]
NJDEP Adopts More Stringent Residential Soil Remediation Standards for Lead
Co-authored by Matthew L. Capone The New Jersey Department of Environmental Protection (“NJDEP”) has updated the soil remediation standard for the ingestion-dermal exposure pathway for lead to bring the standard in line with the United States Environmental Protection Agency’s (“USEPA”) Integrated Environmental Uptake Biokinetic Model for Lead in Children (“IEUBK”). In effect, this change reduces […]
Remediation Programs Update from NJDEP
Co-Authored by Matthew L. Capone This fall, the New Jersey Department of Environmental Protection (“NJDEP”) announced the relaunch of two impactful resources for site remediation, the Brownfield Development Area (“BDA”) Program and the Technical Review Panel (“TRP”). The BDA Program allows selected communities which are affected by multiple brownfield sites to work with Contaminated Site […]
BRICK AND STAFFORD CAFRA IMPERVIOUS AND VEGETATIVE COVER CHANGES
On July 3, 2023, DEP issued notices of adoption accepting new and changed State Plan Policy Map Planning Area (“PA”) and Community Development (“CD”) boundaries, approved by the State Planning Commission as the boundaries for Coastal PAs and CAFRA Centers and Nodes, for Brick Township and Stafford Township. The map amendments being implemented by DEP […]
Revised Flood Hazard Area Control Act & Stormwater Rules to be Proposed on December 2, 2022
The New Jersey Department of Environmental Protection (“DEP”) has pre-released proposed amendments to its flood hazard and stormwater management rules. These amendments relate only to fluvial flood hazard areas, and are being proposed by DEP in place of the emergency flood hazard rules that were anticipated, but never released, in June 2022. DEP will proceed with formal […]
NJDEP Announces FHA Emergency Rulemaking
At a Stakeholder meeting on May 25, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) announced emergency rulemaking for the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 et seq. The emergency rules will, amongst other things, raise the requirement for design flood elevation in a fluvial flood hazard area. It raises the Design […]
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