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.