Tagged: Permit

We Have to Talk: New Jersey Appellate Division Invalidates Discharge Permit for Failure of Agency to Consult with Highlands Council

We Have to Talk: New Jersey Appellate Division Invalidates Discharge Permit for Failure of Agency to Consult with Highlands Council

In the latest twist in a saga that began in 2002, the New Jersey Appellate Division held that the Department of Environmental Protection’s (DEP) failure to consult with the Highlands Council invalidated a wastewater discharge permit that DEP had issued to the prospective developer of a site located in the “planning area” covered by the state’s Highlands Water Protection and Planning Act (Highlands Act). As a result, the story is guaranteed to continue for several more months and perhaps, in light of likely appeals, several more years. Bellemead Development Corporation first received a New Jersey Pollution Discharge Elimination System (NJPDES) permit for the discharge of treated wastewater from a planned development in Tewksbury in 1998. In 2002, with the permit set to expire the next year, Bellemead applied for a renewal of its original permit. DEP’s denial of the application in 2006 set in motion a chain of administrative hearings, apparent settlements, and new applications that culminated in DEP’s issuance of a new permit in 2014. The Township of Readington and several citizen groups appealed. The appellants pointed to a number of procedural missteps by DEP, but the court focused on the department’s failure to consult the Highlands Council prior...

Legislature Approves Retroactive One-Year Extension of New Jersey’s Permit Extension Act in Superstorm Sandy-Impacted Counties 0

Legislature Approves Retroactive One-Year Extension of New Jersey’s Permit Extension Act in Superstorm Sandy-Impacted Counties

New Jersey’s Permit Extension Act (“PEA”) sunsetted at the end of 2015 when the Legislature did not enact a further extension. It has now been resurrected and extended retroactively, for one additional year, in nine counties most impacted by Superstorm Sandy. New Jersey’s Permit Extension Act (“PEA”) was initially enacted in 2008 in response to “the crisis in the real estate finance sector of the economy.” The purpose of the PEA was to toll, through the end of 2012, expiration of various approvals necessary for development. The PEA was later amended in 2012, due to the then “current national recession,” to extend the tolling of the expiration of those approvals until December 31, 2014, and a subsequent amendment extended it until December 31, 2015.

U.S. Fish and Wildlife Proposes Changes to Eagle Management Program 0

U.S. Fish and Wildlife Proposes Changes to Eagle Management Program

On May 4, 2016, the United States Fish and Wildlife Service (“FWS”) proposed amendments to regulations governing its comprehensive eagle conservation and management program. The proposal follows a successful challenge by environmental groups to FWS’ prior attempt to change its eagle rules, which was tossed out by a federal judge in 2013. The proposed modifications include changes to the manner by which FWS issues permits allowing otherwise prohibited activities which may unintentionally injure or disturb golden and bald eagles.

No Further Extensions of New Jersey’s Permit Extension Act 0

No Further Extensions of New Jersey’s Permit Extension Act

The state legislature took no action to further extend New Jersey’s Permit Extension Act (“PEA”) during the recently concluded legislative session, which means that permits and approvals extended by the PEA’s tolling period either have expired or will expire soon. Pursuant to the terms of the act, the expiration date for most approvals covered by the PEA are tolled through June 30, 2016, with certain approvals expiring before that date, making right now the time to evaluate projects approaching construction to determine which existing approvals were extended by the PEA, the exact expiration date of such approvals, and whether further extensions are available under other laws. After such an evaluation, developers and project managers can then determine whether approval rights can be fully vested prior to their expiration date and, if not, whether an extension, amendment, or renewal of the approval is required.

NJ Legislature Considers Invalidating NJDEP Regulations 0

NJ Legislature Considers Invalidating NJDEP Regulations

On June 1, 2015, after significant outreach to the relevant stakeholders, the New Jersey Department of Environmental Protection (NJDEP) released for public comment sweeping proposed changes to the rules governing Coastal Zone Management (CZM), N.J.A.C. 7:7E-1.1 et seq., Stormwater Management (SWM), N.J.A.C. 7:8-1.1 et seq., and the Flood Hazard Area Control Act (FHACA), N.J.A.C. 7:13-1.1 et seq. However, the New Jersey Legislature is poised to use its constitutional authority to find that the proposed regulations are inconsistent with the legislative intent of the enabling statutes.

New Jersey’s Permit Extension Act Extended One Year 0

New Jersey’s Permit Extension Act Extended One Year

On Friday, December 26, Governor Christie signed into law a one year extension of New Jersey’s Permit Extension Act (“PEA”). As noted in our recent blog, the PEA previously was set to expire on December 31, 2014. Initially enacted in 2008 in response to “the crisis in the real estate finance sector of the economy,” the purpose of the PEA was to toll the expiration of various approvals necessary for development through the end of 2012. The PEA was later amended to extend the tolling of the expiration of those approvals through the end of 2014. The further amendment enacted on December 26, designated as P.L.2014, c.84, tolls the expiration of those approvals through December 31, 2015, thereby providing projects with permits set to expire another year in which to move forward.

Legislature Approves One-Year Extension of New Jersey’s Permit Extension Act 0

Legislature Approves One-Year Extension of New Jersey’s Permit Extension Act

Our recent blog noted that New Jersey’s Permit Extension Act (“PEA”) was to sunset at the end of this year unless a further extension was enacted into law. On Thursday, December 18, both the Assembly and the Senate voted to approve a one year extension of the PEA. The legislation now awaits action by the Governor. New Jersey’s Permit Extension Act (“PEA”) was initially enacted in 2008 in response to “the crisis in the real estate finance sector of the economy.” The purpose of the PEA was to toll through the end of 2012, expiration of various approvals necessary for development. The PEA was later amended in 2012, due to the then “current national recession,” to extend the tolling of the expiration of those approvals until December 31, 2014. Unless the Legislature approves a further extension, the PEA will sunset at the end of this year, posing a problem for projects which have not yet started construction, because their approvals may expire.

Tolling of Approvals Under New Jersey’s Permit Extension Act: Will The End Of The Year Be The End Of The Line? Approved Projects Could Be At Risk 0

Tolling of Approvals Under New Jersey’s Permit Extension Act: Will The End Of The Year Be The End Of The Line? Approved Projects Could Be At Risk

New Jersey’s Permit Extension Act (“PEA”) was initially enacted in 2008 — in response to “the crisis in the real estate finance sector of the economy” — for the purpose of tolling, through the end of 2012, expiration of various approvals necessary for development. It was later extended, in 2012, due to the then “current national recession,” to extend the tolling of the expiration of those approvals until December 31, 2014. Unless the Legislature approves a further extension, the PEA will sunset at the end of this year, and that could pose a problem for projects which have not yet started construction, because their approvals may expire.

Untapped Potential in New Jersey’s Nascent Craft Beer Industry 0

Untapped Potential in New Jersey’s Nascent Craft Beer Industry

Two years ago, New Jersey lawmakers revised an archaic law that had been a major obstacle to anyone who wanted to launch a start-up brewery in the state. New Jersey’s old law severely restricted craft brewers’ ability to actually sell their beer to visitors of the brewery, thus undermining the economics of on-site bars or tap rooms, which most small operations in other states rely on as an important revenue source, especially in the early stages. The old law even limited how many free samples a brewer could hand out, which proved particularly troublesome for entrepreneurs trying to gain brand recognition and market share, and appeal to consumers’ varied tastes. The new law was intended to put brewpubs, microbreweries and so-called “nanobreweries” on an equal footing with competitors in neighboring states. While this legislation was a welcome step for the craft beer industry, more can be done.

New Jersey Department of Environmental Protection Proposes New Rules Aimed at Streamlining Coastal Permitting Process 0

New Jersey Department of Environmental Protection Proposes New Rules Aimed at Streamlining Coastal Permitting Process

On June 10, 2014, the New Jersey Department of Environmental Protection (“DEP”) introduced a series of proposed technical revisions to land use rules — via a 1,055 page proposal — designed to encourage redevelopment in coastal areas decimated by Hurricane Sandy. DEP Commissioner Bob Martin — who also served on Governor Christie’s Red Tape Review Commission, which was launched in 2011 to streamline regulatory processes across state government — explained that “[t]hese revisions will add clarity to our regulatory processes and provide better predictability in the regulatory process.”