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Environmental Law

DEP's Inspection of Residential Property

Wednesday, May 15, 2013

On March 4, the N.J. Supreme Court upheld the right of an inspector from the Department of Environmental Protection (DEP)to conduct a warrantless search of residential property, to determine whether a permit had been violated. The decision may settle an issue for environmental and land-use lawyers, but the reality is that very few homeowners would bar the door when a DEP inspector knocks.

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Drinker Biddle & Reath v. New Jersey Department of Environmental Protection

Wednesday, May 15, 2013

The unfiled discovery that plaintiff seeks is exempt from public disclosure under N.J.S.A. 47:1A-9b, and its common-law right-of-access claim is denied because the state's interests in confidentiality outweigh plaintiff's interest in disclosure.

Due Diligence Is More Difficult Under N.J. Site Remediation and Reform Act

Wednesday, May 8, 2013

Prior to the Site Remediation Reform Act (May 7, 2012), the ability to conduct OPRA reviews of NJDEP files meant that private parties had access to all environmental information pertaining to a site which was then available, thereby making the due diligence process relatively seamless and straightforward. Under the new system, this is no longer the case.

Appellate Division Upholds DEP's Waiver Authority

Thursday, April 11, 2013

The Appellate Division unequivocally found that the Department of Environmental Protection had the authority to waive strict compliance from its regulatory requirements. But it sent the agency back to the drawing board on a secondary and independent issue — the validity of a guidance document, frequently asked questions (FAQs) and submission forms posted on the department's website.

N.J. Department of Environmental Protection v. Huber

Thursday, April 4, 2013

The DEP may conduct an administrative search of permit-restricted residential property under the Freshwater Wetlands Protection Act without a warrant.

Decker v. Northwest Environmental Defense Center

Thursday, March 21, 2013

An Environmental Protection Agency rule, exempting discharges of channeled stormwater runoff from logging roads from the National Pollutant Discharge Elimination System permitting scheme, is a reasonable interpretation of the statutory term "associated with industrial activity."