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April 17, 2014

New Jersey Department of Environmental Protection Waiver Rule Court Decision Appealed

Late last week, the Environmental Groups which lost their appeal challenging the validity of the NJDEP Waiver Rules, filed a Notice of Petition for Certification to the New Jersey Supreme Court.  This Notice will be followed by the actual petition, which will argue why the New Jersey Supreme Court should agree to accept the appeal.  Whether or not to accept the appeal is totally within the discretion of the Supreme Court.  It is anticipated that NJDEP and the business groups that were granted leave to file amicus briefs will oppose the petition.  One of those business groups is the New Jersey Builders Association, which was represented by Paul H. Schneider, Esq. before the Appellate Court.  We will periodically update the status of this appeal as developments occur.

© 2014 Giordano, Halleran & Ciesla, P.C. All Rights Reserved

About the Author

Michael J. Gross, Giordano Law Firm, Environmental Attorney
Shareholder/Managing Partner

Mr. Gross, chair of the Environmental Law Practice Area, handles all aspects of New Jersey and federal environmental law, including permitting and litigation, CAFRA, sewage disposal and water supply, wetlands, riparian (tidelands) law, solid waste, flood hazard areas, siting of energy and other industrial facilities, site remediation, Pinelands, Highlands, cultural resources, stormwater, wastewater planning, water and air pollution. Mr. Gross also appears before planning and zoning boards and has handled complex construction litigation matters.

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