NJ Environmental Regs Waiver Targets Economic Growth

In response to Governor Christie's direction to state agencies to implement common sense principles, the New Jersey Department of Environmental Protection ("DEP") has adopted a rule to allow the agency to waive its own environmental regulations on a case-by-case basis. The Waiver Rule, which was published April 2, 2012, and becomes effective August 1, 2012, intends to remove unintended impediments to economic growth without diminishing the value of environmental protection laws.

To obtain a waiver, an applicant must establish at least one of the following criteria:

• A public emergency has been formally declared.
• Conflicting rules (between federal and state agencies or between state agencies) are adversely impacting a project or preventing an activity from proceeding.