Revised Flood Hazard Area Control Act & Stormwater Rules to be Proposed on December 2, 2022
The New Jersey Department of Environmental Protection (“DEP”) has pre-released proposed amendments to its flood hazard and stormwater management rules. These amendments relate only to fluvial flood hazard areas, and are being proposed by DEP in place of the emergency flood hazard rules that were anticipated, but never released, in June 2022. DEP will proceed with formal […]
NJDEP Publishes New PFAS Standards
On October 17, 2022, the New Jersey Department of Environmental Protection (“DEP”) published interim soil remediation standards for several hazardous substances often characterized as “emerging contaminants.” Specifically, DEP established interim standards for perfluorononanoic acid (PFNA), perfluorooctanoic acid (PFOA), hexafluoropropylene oxide dimer acid and its ammonium salt (GenX), perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS). Among […]
NJDEP Announces FHA Emergency Rulemaking
At a Stakeholder meeting on May 25, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) announced emergency rulemaking for the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 et seq. The emergency rules will, amongst other things, raise the requirement for design flood elevation in a fluvial flood hazard area. It raises the Design […]
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 […]
GH&C Secures Appellate Division Victory – Court Clarifies Options for Challenging State Agency Actions
Recently, Giordano, Halleran & Ciesla, P.C. (“GH&C”) attorneys successfully defended a challenge to a client’s development approvals in the New Jersey Appellate Division. In its decision, the Court clarified the options available to parties seeking to challenge permits issued by the New Jersey Department of Environmental Protection (“DEP”) and other agencies. The case involved a […]
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 […]
NJDEP Adopts Amended Remediation Standards
The New Jersey Department of Environmental Protection (“DEP”) published notice on May 17, 2021 of its March 31, 2021 adoption of amended remediation standards set forth at N.J.A.C. 7:26D-1.1 et seq. (55 N.J.R. 775). It also released a plethora of new and updated guidance documents intended to assist remediation professionals and responsible parties navigate the […]
NJDEP Further Extends Site Remediation Timeframes – UPDATE
Co-Authored by Linda M. Lee On February 9, 2021, we reported that the New Jersey Department of Environmental Protection (“NJDEP”) issued a Notice of Rule Waiver/Modification/ Suspension (the “Notice”) announcing an additional extension of the statutory timeframes established by the New Jersey Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1, et seq. Since that time, NJDEP […]
NJDEP Further Extends Site Remediation Timeframes
Co-Authored by Linda M. Lee In 2020, the New Jersey Department of Environmental Protection (“NJDEP”) twice announced limited extensions to certain site remediation timeframes in response to the COVID-19 pandemic. On February 1, 2021, NJDEP issued a Notice of Rule Waiver/Modification/ Suspension (the “Notice”) announcing an additional extension of the statutory timeframes established 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 […]
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