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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