Roseland, N.J. March 21, 2013, The New Jersey Appellate Division upheld the DEP's promulgation of the Wavier Rule. See In Re N.J.A.C. 7:1b-1.1 et seq., Docket No. A-3514-11T2, A-4098-11T2 (App. Div. 2013). Waiver Rule (N.J.A.C. 7:1B) was adopted in response to Governor Christie's Executive Order No. 2, which directed state agencies to implement common sense principles and procedures to provide relief from regulatory burdens. A petition for certification is likely to be led with the New Jersey Supreme Court.
The Waiver Rule became operative August 1, 2012. The purpose of the rule is to set forth limited circumstances in which the DEP may, in its discretion, waive strict compliance with any of its rules. The rule is not intended to provide an avenue for routine circumvention of DEP rules. To read more, click here.
For more information please contact Kevin J. Coakley or Danielle M. Novak of our Real Estate and Land Use practice group at 973.535.0500.