Governor Murphy Releases 2019 Energy Master Plan – New DEP Rules Will Require Builders to Consider Climate Change
Today, New Jersey announced the release of the final 2019 Energy Master Plan (“EMP”), which includes sweeping policy goals aimed at fighting climate change that are likely to have significant impacts on New Jersey’s building industry. Alongside the EMP, Governor Murphy signed Executive Order 100 (2020) (“E.O. 100”) directing the New Jersey Department of Environmental […]
NJDEP Releases Report on Sea-Level Rise in New Jersey
On December 12, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) released a report discussing historical sea-level rise (“SLR”) in New Jersey and estimating SLR for the next 100+ years. The Rising Seas and Changing Coastal Storms report (“Report”) was commissioned by NJDEP and prepared by Rutgers University’s New Jersey Science and Technical Advisory […]
NJDEP to Clarify Use of Rounding in Determining Compliance with Remediation Standards
Co-Authored by Linda M. Lee According to the New Jersey Department of Environmental Protection (“NJDEP”), it has been receiving an increased number of inquiries regarding whether rounding analytical data is a legitimate method of determining compliance with remediation standards. In response, NJDEP is planning to reconvene a stakeholder committee in January 2020 to discuss the […]
New Jersey Appellate Division Affirms Municipal Court Jurisdiction to Enforce Spill Act Penalties
On November 13, 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (“DEP”) can bring a penalty enforcement action under the Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq., in either the Superior Court or the municipal court with territorial jurisdiction. State of New Jersey Department of […]
There’s No Conservation Restriction in My Title: So Why Can’t I Build?
A title search is a vital component of the real property acquisition process. It would be hard to criticize a buyer who proceeds with a transaction, intending to develop or redevelop a parcel, after reviewing title and finding no evidence of a recorded conservation restriction. However, the absence of a conservation restriction instrument recorded in […]
NJDEP Decreases Most Remediation Fees in 2020
Co-Authored by Carmella M. Gubbiotti On June 17, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) published notice of the Annual Site Remediation Reform Act Program Fee Calculation Report, including updated remediation fees for 2020. The report provides for a decrease in annual remediation fees and remedial action permit activity fees; however, it provides […]
Governor Announces Tax Incentives Plan Including New Brownfields Program
Co-Authored by Carmella M. Gubbiotti On June 6, 2019, Governor Murphy announced a plan to revamp New Jersey’s economic development tax incentives programs, including proposed legislation to establish new incentive programs to incentivize certain redevelopment and other economic activities. The proposed bill would establish five new incentive programs: The New Jersey Aspire Program, which would […]
Public Trust Doctrine: Implications of New Public Access Law for Beachfront and Other Tidal Land Owners
Summer is around the corner and beach access issues are once again in the news. Senate Bill 1074, an “Act Concerning Public Access to Certain Public Trust Land”, was signed into law by the Governor on May 3, 2019. The law is also being referred to as the public trust doctrine/public access law. Whether the […]
DEP Launches Online Land Use Permit Application System
The New Jersey Department of Environmental Protection unveiled a new system today that will allow applicants to submit land use permits online. The first iteration of the system, referred to as “E-Submissions” will be incorporated into DEP’s existing permit portal. Enhancements to DEP’s Data Miner are planned for later in the year. While applicants will […]
NJDEP Establishes New Groundwater Standards
The NJDEP recently recommended establishing specific ground water quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). New Jersey is the first state to set drinking water standards for these chemicals. PFOA and PFOS are frequently used in commercial applications but have also been widely reported to cause health problems. Maximum contaminant levels of […]
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