Permit Extension Act – Legislative Passage

December 19, 2014 | No Comments
Posted by Michael J. Gross

As an update to Monday’s Alert, the Permit Extension Act passed the Assembly 67-0-8 and the Senate 31-5. It is now on the Governor’s desk for signature.

This update is not considered to be legal advice, and is intended for educational purposes only. For more information regarding the Permit Extension Act, please contact Giordano, Halleran & Ciesla’s Environmental Practice Group.


DEP Extends Coastal Rules Without Acting On Substantive Changes

December 19, 2014 | No Comments
Posted by Steven M. Dalton

Coastal Permit Program Rules, the procedural aspects of DEP’s CAFRA, coastal wetland, and Waterfront Development permitting programs, were set to expire December 15, 2014. DEP took action to extend the existing rules without change for a seven-year term, but has yet to act upon the proposed substantive changes to the Coastal regulations published June 2, 2014. The rule proposal, if adopted, will recodify the Coastal Permit Program Rules and Coastal Zone Management Zones and combine them into a single set of regulations, and will implement various substantive amendments to the existing rules. Further action on the pending rule proposal is expected sometime during the first half of calendar year 2015.


Permit Extension Act Update

December 15, 2014 | No Comments
Posted by Michael J. Gross

A one-year extension is now proposed.  It has been approved by both the Assembly and Senate Committees and could be voted on Thursday by the full Senate and Assembly. We will keep you updated on what occurs Thursday. 


“There you go Again”

December 12, 2014 | No Comments
Posted by Steven Corodemus

More tinkering with the Ogden-Rooney process of reviewing conveyance of Green Acres lands.

 There you go again” was one of my favorite Ronald Reagan pearls. It may have been first uttered by the future 40th president at the 1980 debate with Jimmy Carter as the incumbent leveled a repeated attack on his challenger-Reagan.

 Well there go the reformists – again! Please recall that more than a year ago I wrote about a legislative proposal to radically change the Ogden-Rooney process regarding the conveyance of State lands acquired or develop with Greenacres funding. http://www.njenvironmentlaw.com/the-state-house-commissions-60th-anniversary-may-be-dampened-by-new-proposed-legislation/ Read more


DEP Needs Court Order to Seize Control of Private Property

November 19, 2014 | No Comments
Posted by Paul H. Schneider

The Appellate Division of Superior Court rejected efforts by the Department of Environmental Protection (DEP) to seize control of private property without first securing a court order, and limited the DEP’s authority to retroactively apply new environmental standards. Read more


Fourteen Years Later And Still No Third Round Regulations

October 23, 2014 | No Comments
Posted by Donna McBarron

On October 20, 2014, the Council on Affordable Housing (“COAH”) convened ostensibly to adopt its third set of Third Round Regulations in order to meet the October 22, 2014 deadline imposed by the New Jersey Supreme Court on March 14, 2014. After a 14-year delay in adopting valid Third Round Regulations, COAH once again missed a deadline and failed to adopt the proposed regulations.

Initially, the COAH Board considered a motion to table adoption of the proposed regulations for 60 days. While the three Board members in favor acknowledged that such an action would violate the Supreme Court’s Order, they felt additional time was needed in order to address the roughly 3,000 public comments received on the proposed regulations. Three Board members opposed the motion, three Board members supported the motion and the deadlocked motion therefore failed.

To read the full article, click here.


Permit Extension Act (PEA) Extension Bill Introduced

October 10, 2014 | No Comments
Posted by Michael J. Gross

On October 9th, Assemblymen Jerry Green, John Burzichelli and Troy Singleton introduced legislation (A-3815, not yet available for review) to extend the Permit Extension Act for two more years (until December 31, 2016). The current Permit Extension Act (PEA) expires on December 31st of this year. Whether or not this further extension is approved depends on the number of projects and jobs negatively affected.

This Update is not considered to be legal advice, and is intended for educational purposes only. For more information regarding the the Permit Extension Act, please contact Giordano, Halleran & Ciesla’s Environmental Practice Group.


NJDEP Announces New Guidance On “Unrelated Contamination”

October 7, 2014 | No Comments
Posted by Marc D. Policastro

The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation.  In essence, the roadmap provided by NJDEP addresses three basic scenarios where:  (1) contamination is suspected to be unrelated to the subject site is identified on the subject site and the subject site is not a heating oil tank at a residential property; (2) contamination is suspected to be unrelated to the subject site is identified off the subject site and the subject site is not a heating oil tank at a residential property; and (3)  contamination is identified either on or off the subject site and the subject site is a heating oil tank at a residential property. Read more


“Convenience Dumping” – Not So Convenient After All

September 29, 2014 | No Comments
Posted by Steven M. Dalton

NJDEP’s launched its “Don’t Waste Our Space” initiative in March 2014 to crack down on illegal waste disposal practices, focusing particularly on protection of State owned lands.  The problem of illegal dumping of construction-related and household waste and debris is apparently real as over first six months the vigorous enforcement initiative has resulted in 20 arrests, $30,000.00 in court ordered fines and $450,000.00 in pending fines. Read more


Supreme Court Clarifies Timing of Spill Act Claims

July 30, 2014 | No Comments
Posted by Paul H. Schneider

New Jersey’s Spill Compensation and Control Act (Spill Act) prohibits the discharge of hazardous substances into the environment, and makes dischargers jointly and severally liable for the resulting environmental contamination.  Joint and several liability means the State may collect the entire amount of cleanup costs from one discharger, even when that party was only partially responsible for the contamination.  The Spill Act also establishes a private right of action for contribution so that a discharger targeted by the DEP can compel other responsible parties to share in the cleanup costs.  The Spill Act provides that “[w]henever one or more dischargers or persons cleans up and removes a discharge of a hazardous substance, those dischargers and persons shall have a right of contribution against all other dischargers and persons in any way responsible for a discharged hazardous substance . . .”  Such a contribution lawsuit is brought in the courts, and the Spill Act directs the courts to allocate the cleanup costs among liable parties using “equitable factors.”  The Spill Act also provides that a discharger is required to have written DEP approval for the actual remediation expenses they incur in order to recover those costs from other liable parties. Read more