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 […]
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 […]
AVOID GETTING TANGLED IN THE RED TAPE: CONFIRM YOUR REGISTERED APPROVALS QUALIFY FOR PERMIT EXTENSION ACT PROTECTION
The Permit Extension Act of 2020 (“PEA”) extends certain governmental permits and approvals for the duration of the COVID-19 Extension Period, but with a catch: you must have taken affirmative action to register qualifying approvals. The law provides: “[a]ny government approval subject to the automatic suspension of the running period of such approval for the […]
NJDEP Publishes Registration Process for Permit Extension Act of 2020
On July 1, 2020, the Permit Extension Act of 2020 (“PEA”) was signed into law. The PEA extended the terms of certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period,” contingent on the holder of the permit or approval registering the affected permit or approval with the issuing state agency. […]
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 […]
NJDEP Extends Certain Site Remediation Deadlines
Following up on a Compliance Alert advising that all regulatory requirements remain in place, the New Jersey Department of Environmental Protection (“NJDEP”) announced late last week that it was extending certain regulatory timeframes applicable to the remediation of contaminated sites. The specific timelines are set forth in the Administrative Requirements for the Remediation of Contaminated […]
NJDEP DEADLINES AND OTHER REQUIREMENTS REMAIN IN EFFECT DESPITE COVID-19 PANDEMIC
In a Compliance Alert issued yesterday, the New Jersey Department of Environmental Protection (“NJDEP”) made it clear that, despite the current restrictions imposed in response to the COVID-19 pandemic, all regulatory and permitting requirements currently remain in effect. This includes all permitting timelines, site remediation regulatory and mandatory timeframes, permit condition deadlines, and any other […]
EPA Relaxes Environmental Enforcement During COVID-19 Pandemic
Co-Authored by Linda Lee On March 26, 2020, the United States Environmental Protection Agency (“EPA”) announced “a temporary policy regarding [its] enforcement of environmental legal obligations during the COVID-19 pandemic” (“Policy”). Under the Policy, EPA is able to exercise significant discretion in its enforcement of environmental rules for certain noncompliance resulting from the pandemic. EPA […]