FEMA Issues New Base Flood Elevations

In the wake of Superstorm Sandy, the Federal Emergency Management Agency has issued advisory base flood elevation maps for 10 New Jersey counties: Atlantic, Bergen, Burlington, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union. While labeled “advisory” these new flood zone maps are intended to more accurately reflect the true 100 year flood elevations [...]

Permit Extension Act Renewed

On September 21, 2012, Governor Christie signed legislation passed by the Senate and Assembly in June 2012 extending the Permit Extension Act (“PEA”). Under the prior version of the PEA, qualifying approvals in effect as of January 1, 2007 were set to lapse the end of this calendar year or within a six month period [...]

DEP Begins Implementation of “Waiver Rule”

On August 1, 2012, DEP began implementing the long-anticipated “waiver rule,” which allows DEP to relax or waive strict compliance with its regulations in four narrowly circumscribed situations…   To read more, visit the full article at http://www.ghclaw.com/news/2012_Schneider_DEP_Waiver_Update

Amendments Made to the Permit Extension Act

Today the Governor signed amendments to the Permit Extension Act that further extend most development approvals until at least December 31, 2014, or in some cases until June 30, 2015, depending upon when the original approval would have expired. Prior to this amendment, the expiration dates under the Permit Extension Act were December 31, 2012 [...]

NJDEP Appoints Marc Policastro To Off-Site Source Investigation/Documentation Committee of NJDEP’s Technical Guidance Group.

Marc Policastro, shareholder at Giordano, Halleran & Ciesla, PC, was recently appointed by New Jersey Department of Environmental Protection’s (NJDEP) Off-Site Source Investigation Committee of NJDEP’s Technical Guidance Group.  The Technical Guidance Group of NJDEP is composed of DEP Staff and outside Stakeholders with the responsibility of developing technical guidance, training on guidance and responding [...]

Michael Gross To Speak At plansmartnj‘s “Policy Briefing: DEP Waiver Rule”

Thursday, September 13th The College of New Jersey Ewing, NJ Agenda Waiver Rule Policy Briefing 8:00 am- Registration and Breakfast 8:30 am- 10:30am Program Speakers: Irene Kropp, Deputy Commissioner, NJ Department of Environmental Protection Michael Gross, Attorney, Giordano, Halleran and Ciesla George Vallone, President, Hoboken Brownstone Company Tony DiLodovico, Tony D Environmental Permitting, LLC Michael [...]

Assault on Waiver Rule Advances

The NJ General Assembly passed ACR-37 on Thursday, May 24th along partisan lines 47-31. The Senate voting session on May 24th was limited to judicial confirmations but it is anticipated that the Senate companion concurrent resolution will be posted for a vote in the near future. More details on this issue appear in the May [...]

Appellate Division Rejects Effort to Narrow Newark Bay Complex Litigation

The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull. The Department of [...]

New Jersey Appeals Court Sides With Homeowners On Value Of Ocean View

The Appellate Division of New Jersey Superior Court upheld a jury’s award of $375,000 to a Harvey Cedars couple whose ocean view was blocked by a twenty-two-foot high sand dune constructed as part of a Long Beach Island (LBI) beach replenishment project. The Borough of Harvey Cedars condemned an easement allowing the Army Corps of [...]