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, […]
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 […]
First Of Its Kind With More To Follow: NJDEP Settlement Proposal Addresses PFAS Contamination
Co-Authored by Matthew L. Capone On June 28, 2023, the New Jersey Department of Environmental Protection (“NJDEP”) reached a proposed settlement with Solvay Specialty Polymers USA, LLC (“Solvay”) over Solvay’s discharging of per- and polyfluoroalkyl substances (“PFAS”) and other contaminants into public drinking water during Solvay’s thirty-year operation of a 243-acre chemical manufacturing plant in […]
NJDEP Creates Avenue for Prioritized RAP Application Review
Co-Authored by Matthew L. Capone The New Jersey Department of Environmental Protection (“DEP”) has instituted a new procedure for expediting the evaluation and review of certain Remedial Action Permit (“RAP”) Applications through the creation of a new Application Addendum form, available here. This Application Addendum form allows a RAP applicant to be considered for prioritized […]
PACT Flood Hazard & Stormwater Management Rules Update
Updating our prior alerts regarding the previously published Flood Hazard and Stormwater Protection Against Climate Threats rule proposal, NJDEP has filed the rule for publication of adoption. With this action, it is anticipated that the notice of adoption will be published in either the July 3 or July 17 New Jersey Register, and the amended rules will […]
U.S. Supreme Court Defines Regulated Freshwater – Wetlands Under the Clean Water Act
On May 25, 2023, the U.S. Supreme Court decided that the Federal Clean Water Act only gives the federal government authority to regulate any relatively permanent body of water connected to traditional interstate navigable waters and only wetlands that have a continuous surface connection with that navigable water making it difficult to determine where the […]
keep looking »
Add Web Slice