Supreme Court Bars DEP From Warrantless Residential Inspections
In an April 4, 2013 decision, the Supreme Court of New Jersey ruled that the constitution prohibits the Department of Environmental Protection from conducting warrantless inspections of residential property without the consent of the homeowner. Under both the federal and New Jersey constitutions, nonconsensual warrantless searches are generally prohibited. The warrant requirement applies not only […]
Appellate Court Upholds DEP Waiver Rule
Adopting the legal arguments made by Paul H. Schneider and Afiyfa H. Ellington, the Appellate Division of New Jersey Superior Court unanimously upheld DEP’s controversial “Waiver Rules,” which allow DEP to relax or waive strict compliance with its regulations. The rules specify four circumstances in which DEP may consider a waiver: (1) when rules conflict, […]
Legislation Benefiting Property Excluded From Wastewater Service Areas Set To Expire January 2014
Counties attempting to satisfy DEP’s mandate to update Wastewater Management Plans (WMPs) have excluded significant areas of developable land from proposed future wastewater service areas (FWSA), limiting allowable groundwater discharge to 2,000 gpd or less. Legislation adopted in January 2012 (P.L. 2011, c.203) provides affected landowners with an avenue of relief for such excluded parcels. […]
Appellate Division Narrowly Construes Highlands Act Exemption
A recent decision of the Appellate Division of the Superior Court highlights that statutory exemptions from legislation designed to protect the environment will be narrowly construed. At issue in Intellect Real Estate Development v. DEP was the scope of a “grandfather” exemption under the Highlands Water Protection and Planning Act (the “Highlands Act”). The Highlands […]
NJDEP Has Issued Proposed Amendments To The Flood Hazard Area Control Act Rules
On February 19, 2013, the New Jersey Department of Environmental Protection published in the New Jersey Register the emergency adoption (effective January 24, 2013) and concurrent proposal of amendments to the Flood Hazard Area Control Act rules, N.J.A.C. 7:13. http://www.nj.gov/dep/rules/notices/20130219a.html The emergency adoption and proposed rules concern the construction and reconstruction of buildings in flood […]
NJDEP Weighs in on 2014 Remediation Deadlines
This morning, NJDEP convened a joint meeting of its Site Remediation Advisory Group (SRAG) and Cooperative Venture Project (CVP). One of the main topics for consideration was whether the Department would entertain extensions from responsible parties who will not meet certain mandatory time frames for cleanups. Current law requires that a “remedial investigation” (RI) be […]
Coastal Property Owners’ Rights Upheld
Scoring a victory for property owners, the Appellate Division of the New Jersey Superior Court recently confirmed the necessity of balancing the public’s access to the sea and the rights of coastal property owners. In a February 1, 2013 decision in Ritter v Harbor Commission of Atlantic Highlands (“Commission”) the court ruled against Ritter affirming […]
Governor Adopts FEMA Advisory Base Flood Elevation Maps as a DEP Standard
On January 24, 2013, Governor Christie announced that the State is adopting the recently released FEMA Advisory Base Flood Elevation maps as a DEP Standard. The Governor did this by emergency rule effective immediately. FEMA expects to proceed with adopting these advisory maps as final maps; however, this process will take 18 to 24 months. […]
Monmouth County Sewer Service Area Map Open to Public Comment
NJDEP published notice in the January 7, 2013 New Jersey Register of Monmouth County’s proposed adoption of an updated Future Wastewater Service Area (“FWSA”) map that identifies areas in the County to be served by sewage treatment facilities. The notice and FWSA map can be viewed on the County’s website. The map was updated on […]
Labor Unions Seek to Overturn “Waiver Rule”
Oral argument was held before a panel of three Appellate Division judges in the case appealing adoption of the NJDEP Waiver Rule. A group of environmental organizations and labor unions seek to overturn this Department-wide Waiver Rule, which allows NJDEP to grant waivers from its own regulations in certain very limited cases. The Court reserved […]
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