By Brittany W. DeBord | Published February 27, 2024 | Posted in Uncategorized | Tagged Tags: adjudicatory hearing, industrial establishment, ISRA, ISRA compliance, NJDEP, procedural due process, Remediation, remediation under ISRA, RIP waiver | Comments Off on THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING
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THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING
On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More
Read MoreAppellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans
The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More
Read MoreAppellate Division Takes Victory in Wetlands Takings Case from the State
A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More
Read MoreNJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case
Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More
Read MoreExtension of Extensions: Deadline to Apply for Extension of Remedial Investigation Deadline Postponed
The May 7, 2014 Remedial Investigation Deadline Under New Jersey’s Site Remediation Reform Act The Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1 et seq., requires that the New Jersey Department of Environmental Protection undertake direct oversight of a remediation of certain contaminated sites when the person responsible for conducting the remediation fails to complete the Read More
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