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Volume XI, Number 210

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Public Health Emergency’s End Sees DEP Public Comment Periods Scaled Back

In another step towards the return to normalcy, New Jersey Department of Environmental Protection (DEP) Commissioner LaTourette took action by Administrative Order 2021-12 ending expanded public comment timeframes that had been made applicable to approvals under various DEP regulatory programs. In an action tied to the Covid-19 Public Health Emergency, DEP, by Administrative Order 2020-06, had previously implemented a 30-day extension of public comment timeframes on applications for approvals under CAFRA, wetland and flood hazard, solid and hazardous waste, and water quality and supply programs, among others. The end of the Public Health Emergency, effective June 4, 2021, eliminated the need for extended public comment timeframes. AO 2021-12 became effective June 17, 2021, repealing AO 2020-06 and ending the requirement that applicants for applicable DEP approvals extend opportunity for public comment. But for DEP’s action, extended public comment timeframes would have remained in effect until January 11, 2022 under the recent legislation and Executive Order that terminated the Covid-19 Public Health Emergency.

AO 2021-12 does not address pending applications. Persons preparing to submit applications to DEP or with applications pending where required notice has not yet been completed should explore whether the end of the Public Health Emergency and DEP’s related administrative action may provide an opportunity for relief from previously extended public comment timeframes.

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 174
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About this Author

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...

732-741-3900
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...

732-741-3900
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...

732-741-3900
David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
Shareholder

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...

732-741-3900
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