The DEP Must Adequately Explain its Administrative Decisions to Avoid Remand
In In re Flood Hazard Area Verification (Riparian Zone Only) File No. 2105-04-0002.1FHA1870001 et al, Superior Court of New Jersey, the Skylands Preservation Alliance (SPA) appealed from the State of New Jersey Department of Environmental Protection (DEP)’s issuance of a Riparian Zone Only Verification (RZOV) for a unnamed tributary stream of the Musconetcong River to […]
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 […]
Governor Murphy Signs Permit Extension Act of 2020
On July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020 (“PEA”) into law. The PEA extends certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period.” The Extension Period begins on March 9, 2020 and continues until the end of the COVID-19 public health emergency. The PEA also […]
Executive Order Suspends 90-Day Review of NJDEP Permits
Over the weekend, Governor Murphy signed Executive Order 136 (“EO 136”), which affects the New Jersey Department of Environmental Protection’s (“DEP”) process for reviewing applications for environmental permits. EO 136 is the latest in dozens of orders the Governor has signed in response to the COVID-19 pandemic. EO 136 tolls the timeframes under which DEP […]
Business Interruptions Due to Coronavirus and Its Impact on Environmental Remediation Deadlines
Co-Authored by Linda Lee Under the Site Remediation Reform Act of 2009 (“SRRA”), N.J.S.A. §§ 58:10C-1 to 58:10C-29, a party responsible for conducting the remediation of a contaminated site must comply with certain mandatory remediation timeframes, as established by the New Jersey Department of Environmental Protection (“NJDEP”). Although “mandatory,” NJDEP may grant an extension of such timeframes […]
NJDEP Releases Report on Sea-Level Rise in New Jersey
On December 12, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) released a report discussing historical sea-level rise (“SLR”) in New Jersey and estimating SLR for the next 100+ years. The Rising Seas and Changing Coastal Storms report (“Report”) was commissioned by NJDEP and prepared by Rutgers University’s New Jersey Science and Technical Advisory […]
NJDEP to Clarify Use of Rounding in Determining Compliance with Remediation Standards
Co-Authored by Linda M. Lee According to the New Jersey Department of Environmental Protection (“NJDEP”), it has been receiving an increased number of inquiries regarding whether rounding analytical data is a legitimate method of determining compliance with remediation standards. In response, NJDEP is planning to reconvene a stakeholder committee in January 2020 to discuss the […]
New Jersey Appellate Division Affirms Municipal Court Jurisdiction to Enforce Spill Act Penalties
On November 13, 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (“DEP”) can bring a penalty enforcement action under the Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq., in either the Superior Court or the municipal court with territorial jurisdiction. State of New Jersey Department of […]
NJDEP Decreases Most Remediation Fees in 2020
Co-Authored by Carmella M. Gubbiotti On June 17, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) published notice of the Annual Site Remediation Reform Act Program Fee Calculation Report, including updated remediation fees for 2020. The report provides for a decrease in annual remediation fees and remedial action permit activity fees; however, it provides […]
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