Doing The “One–Two” At NJDEP
Coastal private land owners’ (and local government units’) burden of restoring waterfront improvements damaged by Super Storm Sandy have been lightened by relief inspired by Governor Christie in the form of emergent permit by rule adoptions by NJ DEP http://www.nj.gov/dep/landuse/sandy.html. The emergent relief was adopted to expedite the restoration of $Billions of damaged property throughout […]
Governor Signs Automatic Variance Bill For Sandy Rebuilding
Governor Chris Christie has signed the so-called “Automatic Variance” law to make it easier to raise buildings to the new FEMA base elevations. The law applies to the rebuilding of a structure destroyed or damaged by Superstorm Sandy, as well as to existing structures that survived Sandy. Effective immediately a structure of the same vertical […]
Deed Restricting The Shoreline: Are Permanent Restrictions Workable In Light Of Changing Conditions?
A recent Asbury Park Press article (the web link provided below) highlights difficult practical and legal issues that may arise when shoreline properties are subject to permanent conservation or other “deed” restrictions. Restrictions are legal instruments created at a fixed point in time that typically last in perpetuity. The shoreline, by its nature, is ever […]
Appellate Court Upholds NJDEP Decision to Remove Park From ROSI
On May 29, 2013, the Appellate Division determined that the DEP appropriately allowed the removal of the Robert J. Miller Air Park from Ocean County’s Recreation and Open Space Inventory (“ROSI”). The Pinelands Preservation Alliance and New Jersey Conservation Foundation, represented by the Eastern Environmental Law Center, appealed from the NJDEP action authorizing amendment of […]
Super Storm Sandy Environmental Law Update
The impact of Super Storm Sandy will be felt for many years. The New Jersey State Legislature appears eager to share the stage of leadership with Governor Christie by enacting new laws to assist in recovery efforts but also to plan for the future. NJ DEP adopted emergency regulations to facilitate shore rebuilding as previously […]
NJDEP Issues Guidance Document for May, 2014 Remediation Deadline
NJDEP has issued a new “Guidance Document”, detailing requirements for satisfying the State’s requirement that “Remedial Investigations” be completed by May 7, 2014. The Department confirms that the deadline applies to contamination identified, or which should have been identified, on or before May 7, 1999. Media included in the requirement are soil, groundwater, surface water, […]
Court Clips Highlands Council’s Wings, Upholds Exemption
In the latest chapter in a long-running saga over a JCP&L substation in the Highlands Preservation Area, the Appellate Division of New Jersey Superior Court affirmed the DEP’s authority to approve an exemption from the Highlands Act notwithstanding an adverse recommendation from the Highlands Council. The Highlands Act includes certain exemptions from the Act, the […]
Bill To Strengthen Role Of Administrative Law Judges Advances
Characterization of the adjudicatory hearing process in the context of challenging agency decisions, including decisions of the New Jersey Department of Environmental Protection, as a “kangaroo court” is certainly cynical, and may be unwarranted, but it is not an uncommon response when individuals whose rights are affected learn that the decision of an administrative law […]
Emergency Coastal Regulations Issued by NJDEP
DEP has issued emergency coastal regulations to simplify the process for rebuilding in the coastal zone. Most of the revisions do not impact rebuilding of residential structures. Specifically, there have been no revisions to the Coastal High Hazard Area Rule, which prohibits multi-family housing in V-zones and restricts single-family housing to only infill lots. Simultaneous […]
Waiver Rule Court Decision Appealed
Late last week, the Environmental Groups which lost their appeal challenging the validity of the NJDEP Waiver Rules, filed a Notice of Petition for Certification to the New Jersey Supreme Court. This Notice will be followed by the actual petition, which will argue why the New Jersey Supreme Court should agree to accept the appeal. […]
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