First Lawsuit Filed Over Gloucester County Train Derailment
On December 6, 2012, Alice Breeman, individually and as guardian for her children, filed suit against Consolidated Rail Corp., Norfolk Southern Railway Co. and CSX Transportation, Inc. in Breeman et al. v. Consolidated Rail Corp., Docket No. 12-07468 (D.N.J. Dec. 6, 2012). The lawsuit alleges theories of negligence in response to the freight train derailment […]
DEP Waives Some Permitting Requirements To Promote Rebuilding After Sandy
The devastation caused by Hurricane Sandy is massive and the loss of lives, homes and belongings is heartbreaking. The recovery effort will present many practical challenges and legal issues. Those who seek to reconstruct destroyed or damaged property will likely need to address environmental issues, particularly in the coastal areas. Department of Environmental Protection (“DEP”) […]
NJ Appellate Court Invalidates NJDEP Regulations for Exemption From The Industrial Site Recovery Act
On July 6, 2012 the Appellate Division of the New Jersey Superior Court invalidated precise NJDEP Regulations which exempt certain facilities from the Industrial Site Recover Act (ISRA). In De Champs Laboratories, Inc. v. Martin, Docket No. A-3235-10T4 (App. Div. July 6, 2012), the Appellate Division invalidated ISRA Regulations requiring “De Minimis Quantity” applicants to […]
Appellate Division Rejects Effort To Narrow Newark Bay Complex Litigation
The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull. The Department of […]
Clean Bill Of Health, Without The Clean
Under the old framework at NJDEP, a responsible party would typically petition NJDEP for a “No Further Action Letter” (NFA). As custom would have it, purchasers and lenders in real estate transactions would request an NFA confirming the obvious – that is—that, literally, no further action is required because the property has been remediated to […]
Submerged Aquatic Vegetation: Navigating NJDEP Waterfront Development Permit Process Difficult for Applicants
Applicants seeking approval from NJDEP for waterfront structures such as recreational docks and piers often face the challenge of satisfying NJDEP’s Submerged Vegetation rule. The rule applies where submerged aquatic vegetation (SAV) exists or where water areas are mapped as SAV habitat. Under the SAV rule, boats must be moored at four feet depth of […]
Opportunity For Stakeholder Input Regarding Stormwarter and Flood Hazard Rules
NJDEP has provided the opportunity for stakeholder input with regard to its Stormwater and Flood Hazard Area Rules. One major change which is being contemplated is the elimination of the Special Water Resource Protection Area under the Stormwater Rules (the 300-Foot Buffer) and incorporating that concept into the Flood Hazard Area Rules. With respect to […]
DEP Adopts “Waiver Rule”
DEP’s long-anticipated “Waiver of Department Rules”, the so-called “waiver rule”, has finally been adopted. The waiver rule allows DEP to relax strict compliance with its regulations. The rule proposal was the subject of much criticism and debate. Environmental groups vilified the proposal claiming waivers will eviscerate environmental regulatory programs and the Legislature attempted to derail […]
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