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Volume X, Number 339

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Avoid Getting Tangled in the Red Tape: Confirm Your Registered Approvals Qualify for Permit Extension Act Protection

The Permit Extension Act of 2020 (“PEA”) extends certain governmental permits and approvals for the duration of the COVID-19 Extension Period, but with a catch: you must have taken affirmative action to register qualifying approvals.  The law provides: “[a]ny  government approval subject to the automatic  suspension of the  running period of such approval for the COVID-19 extension period shall be registered with the department within 30 days of the notice in the New Jersey register.”  The New Jersey Department of Environmental Protection (“DEP”) published NJ Register notice on September 8, 2020, and qualifying approvals were required to be registered by October 8, 2020.

Not content with limiting the rights of permittee’s by the registration process, the Legislature added more red tape in the law by requiring DEP to publish a list of all registered approvals.  Without much fanfare, DEP published a list of registered approvals on its website.  A link to the list of registered approvals can be found here.  If you registered an approval with DEP, you should review the list of registered approvals published by DEP to confirm that your approval is included on the list, and contact DEP for corrective action if it is not to ensure you obtain the benefit of PEA protection.  For those who successfully cut through the law’s red tape, the COVID-19 Extension Period began on March 9, 2020 and will continue until the end of the COVID-19 public health emergency with at least six months additional tolling thereafter.

Linda M. Lee, Michael P. Castore, Donna A. McBarron and Steven J. Corodemus contributed to this article.

© 2020 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume X, Number 324
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Michael J. Gross, Giordano Law Firm, Environmental Attorney
Shareholder/Managing Partner

Mike, 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. He also appears before planning and zoning boards and has handled complex construction litigation matters.

Mike is...

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Marc D. Policastro Shareholder Giordano Law Firm, Business Attorney
Shareholder

Marc, Chair of the Environmental Department, is a transactional, business attorney, who focuses his practice in development, redevelopment, environmental compliance cases, corporate transactional matters, land use, zoning and business counseling. Admitted to practice in New Jersey and New York, he has represented numerous national developers, manufacturers, cogeneration facilities and utilities, automobile dealerships, lenders, borrowers and municipal boards in myriad land use contexts, including commercial and residential development and due diligence matters. He also focuses on complex...

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Paul H. Schneider, Giordano Law Firm, Litigation Attorney
Shareholder

Paul, Chair of the Environmental & Land Use Litigation Practice Area, focuses his practice in environmental, redevelopment, land use, regulatory, real estate and affordable housing law, and litigation. He also handles a wide variety of redevelopment matters as well as corporate and commercial litigation. In addition to handling major litigation before both the state and federal courts and the Office of Administrative Law, he has extensive experience before the New Jersey Supreme Court and the Appellate Division.

Paul represents real estate...

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Steven M. Dalton, Giordano Law Firm, Attorney, Environmental - Land Use, Environmental - Site Remediation, Land Use & Development Law ,Cannabis Law, Real Estate, Renewable Energy, Environmental Law, Land Use Law, Litigation
Shareholder

Steve's primary practice is in Environmental Law. He is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. Steve assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation and redevelopment of contaminated sites, underground storage tank compliance, water and sewer rights and approvals, Tideland rights and approvals, and municipal land use matters.  Steve also assists clients with environmental aspects of real estate...

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David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
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Dave is an environmental attorney with experience in the private and public sectors who focuses his practice on environmental regulatory, real estate and corporate transactional matters. He counsels clients on site remediation, the Industrial Site Recovery Act (ISRA), Site Remediation Reform Act (SRRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), due diligence, participation in potentially responsible party groups and interaction with the Environmental Protection Agency on Superfund matters.  Dave also advises on the procurement of environmental permits...

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