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ARTICLE · 19 JANUARY 2023

NJDEP Issues Proposed Regulations To Implement Environmental Justice Law

Riker, Danzig, Scherer, Hyland & Perretti
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With the issuance of proposed regulations, businesses seeking to comply with New Jersey's Environmental Justice Law just received more guidance from the New Jersey Department

United StatesEnvironment
Environmental Practice Group
Environmental Practice Group

With the issuance of proposed regulations, businesses seeking to comply with New Jersey's Environmental Justice Law just received more guidance from the New Jersey Department of Environmental Protection ("NJDEP").

That is, the NJDEP has proposed regulations that, when ultimately adopted, would fully implement New Jersey's first of its kind Environmental Justice Law.

The underlying law contained guiding principles but left the essential and somewhat controversial details to the implementing regulations. As a result, the proposed regulations are in themselves groundbreaking and likely to be thoroughly scrutinized and debated.

Background Information

As has been widely reported, New Jersey's Environmental Justice Law authorizes the New Jersey Department of Environmental Protection to deny or condition permits for certain facilities that would have a disproportionate impact on an overburdened community.

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