GH&C Attorneys Prevail In Wetlands Permit Appeal
Accepting the legal arguments made by GH&C attorneys Paul H. Schneider and Afiyfa H. Ellington, the Appellate Division of Superior Court has upheld a freshwater wetlands general permit authorization the NJDEP issued to Lee Brothers, Inc. The New Jersey Conservation Foundation and the Pinelands Preservation Alliance challenged the general permit authorization, which permits Lee Brothers […]
Middlesex County Sewer Service Area Update Delayed
Developers should take note of recent events pertaining to sewer service areas in Middlesex County. The Middlesex County Board of Chosen Freeholders did not approve the Future Wastewater Service Area (FWSA) Map that had been proposed for adoption by the Middlesex County Planning Board in conjunction with the New Jersey Department of Environmental Protection (DEP). […]
GH&C Attorneys Secure Sewage Treatment Rights For Developer
Michael J. Gross and Steven M. Dalton of Giordano, Halleran & Ciesla’s Environmental Department played an instrumental role in securing one of the few site specific amendment approvals issued by the New Jersey Department of Environmental Protection (DEP) under the 2012 Water Quality Planning Act Legislation. The site specific amendment, approved the day before the […]
Deadline For Completing NJDEP Remedial Investigations Extended For Two Years
On January 21, 2014, Governor Christie signed into law Assembly Bill No. 4543, allowing NJDEP to grant up to 2-year extensions for the completion of environmental “remedial investigations.” Under The Site Remediation Reform Act, remedial investigations are required to be completed by May 7, 2014. The extension option would in many cases obviate the need […]
Extension of May 7, 2014 Remedial Investigation Deadline
Yesterday, Assembly Bill No. 4543 passed in both the Assembly and Senate. If signed by the Governor, the bill would allow NJDEP to grant up to 2-year extensions for the completion of environmental “remedial investigations.” Under current law, remedial investigations are required by be completed by May 7, 2014 under the Site Remediation Reform Act. […]
Extension of 2012 Water Quality Planning Act Sent to Governor
On the last day of the legislative session both the Assembly and Senate passed and sent to Governor Christie a bill extending the 2012 Water Quality Planning Act. The 2012 law was enacted to avoid the withdrawal of sewer service areas and to require that DEP resume the review and approval of applications for site […]
No News Is Good News? NJ Legislature Winds Down Its Session
The 2012-2013 legislative session will come to a close on reorganization day, January 14. With the thousands of bills having been introduced during the current two year legislative cycle, only 250 bills became law. It was a relatively unremarkable voting session regarding environmental initiatives. I for one, will be disappointed that many of the alternative […]
Supreme Court Refuses to Hear DEP Waiver Rule Appeal
In what is probably the final chapter in the judicial challenges to the DEP’s rule authorizing it to waive many of its rules in certain circumstances, the Supreme Court of New Jersey has denied the appellants’ petition for certification. This lets stand the Appellate Division decision upholding the rule.
NJDEP Stormwater Rules – NSPS Thrown Out
The Appellate Division of Superior Court has invalidated the use of the point system to determine compliance with low-impact development requirements of the NJDEP Stormwater Rules. The reason for invalidating the point system is because it was not adopted as a rule and it should have been under the Administrative Procedures Act. Therefore, you can […]
Court Bars DEP’s Reliance On “Guidance” For Stormwater Management Plans
In upholding DEP’s “waiver rules” earlier this year, the Appellate Division of New Jersey Superior Court called into question the agency’s reliance on “guidance documents” in lieu of formal rulemaking. In that case, the court upheld the waiver rules despite DEP’s use of guidance documents in implementing the rule, finding that there are sufficient substantive […]
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