June 16, 2021

Volume XI, Number 167

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June 15, 2021

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June 14, 2021

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Governor Signs Law Ending Public Health Emergency

On June 4, 2021, in corresponding actions, Governor Murphy signed a law (A.5820) and Executive Order (EO 244) terminating the Covid-19 Public Health Emergency.  These actions leave the State of Emergency in place, but have implications for various Executive Orders and related agency administrative orders that relied upon the Public Health Emergency declared by the Governor under EO 103.

Under the new law, most Executive Orders that relied upon the Public Health Emergency will expire 30 days after the law’s effective date.  However, Administrative Orders, directives or waivers issued by a State agency in reliance upon EO 103 will expire January 11, 2022, unless they are continued, modified or revoked by the agency before that date.

For various development approvals extended by the Covid-19 Permit Extension Act (P.L. 2020, c. 53), the end of the Public Health Emergency marks the end of the “COVID-19 Extension Period”.  Approvals that qualified for protection under the PEA are afforded a “minimum” tolling of not less than 6-months now that the Covid-19 Extension Period has ended with the termination of the public health emergency.  For such approvals the beneficial tolling afforded by the PEA may be greater than 6 months depending on the overall time period that the approval’s facial duration overlapped with of the Covid-19 Extension Period.

EO 136, which tolled the timeframes for processing various DEP permits and approvals and suspended the “90 Day Law,” will sunset July 4, 2021 under the newly signed legislation.  DEP relied upon EO 136 in issuance of Administrative Order 2020-06 to extend by 30-days timeframes for public comment on applications for permits and approvals under various regulatory programs, including among others coastal, wetland and flood hazard.  Under the new legislation, AO 2020-06 will remain in effect until January 11, 2022 barring some contrary action by DEP.

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

© 2021 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XI, Number 159
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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 Attorney GHC Law
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...

732-741-3900
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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