NJ Enviro Waivers Get Green Light Despite Judicial Rebuke

A New Jersey appeals court found that the state Department of Environmental Protection improperly issued guidance documents for companies applying for exceptions from land use, site remediation and other regulations.

Holding that adequate standards remain in place for the so-called waiver rule, the 54-page opinion from the state's Appellate Division represents a significant win for those that fall under the department's regulatory umbrella.

A coalition of 28 environmental and labor groups challenged the rule shortly after its March 2012 adoption, claiming the DEP had exceeded its authority and failed to spell out standards to control agency discretion. Noting that agency regulations carry a presumption of validity in such disputes, a three-judge appeals panel rejected those concerns.