By Stuart Lieberman | Published May 10, 2013 | Posted in Land Use, Licensed Site Remediation Professionals (LSRP), Permitting | Tagged Tags: Hurricane Recovery, Hurricane Sandy, Land Use Attorneys, New Jersey Department of Environmental Protection (NJDEP), New Jersey Hurricane Lawyers, Regulatory Developments, Restore the Shore, Superstorm Sandy | Leave a comment
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Regulatory Developments
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New Online Services Announced to Accelerate Applications for Permits and Public Notifications
In an effort to continue reducing red tape and delays in vital Sandy rebuilding and recovery projects, the New Jersey Department of Environmental Protection (NJDEP) announced May 9, 2013, that a new series of online services has been launched. These services are aimed to streamline and digitize the permit application and public notification process. Both Read More
Read MoreNJDEP Updates Elevation Standards and Flood Maps
On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreNJ Gov. Christie Vetoes Anti-Fracking Legislation
In an earlier blog post this July, we reviewed recent hydraulic fracturing (or “fracking”) developments in New Jersey and New York. The legal and political landscape concerning fracking continues to evolve, including in Trenton, where, on September 21, 2012, New Jersey Governor Chris Christie vetoed bill A-575—a proposal to ban wastewater and other hydraulic fracturing Read More
Read MoreNJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites
On Friday, July 6, 2012, the New Jersey Appellate Division invalidated a New Jersey Department of Environmental Protection (“NJDEP”) regulation requiring owners or operators of industrial establishments seeking an ISRA de minimis quantity exemption to certify that the land at issue is “clean,” i.e., free from contamination above specified action levels. This decision, which may Read More
Read MoreNJ Community Association Liability for Maintenance of Public Sidewalks
Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as Read More
Read MoreRecent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement
Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After Read More
Read MoreEPA Report Suggests "Fracking" May Cause Groundwater Contamination
The issue of hydraulic fracturing (or “fracking”) has been hot topic of late, in no small part because of the search for cheaper, more reliable sources of domestic energy. Fracking refers to the process by which pressurized water or fluids are injected into a geologic formation in order to create fractures in the rock that Read More
Read MoreNew Jersey's LSRP Program Is Up and Running
Under recent changes to New Jersey’ s environmental statutes concerning environmental cleanups, remediation of most contaminated properties in New Jersey will no longer be supervised by the New Jersey Department of Environmental Protection (“NJDEP”). Instead, licensed professionals known as Licensed Site Remediation Professionals, or LSRPs, will have the responsibility of reviewing and approving environmental cleanups Read More
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