The Appellate Division of Superior Court in New Brunswick heard arguments this week from business groups seeking to overturn the Department of Environmental Protection’s (DEP) rulemaking process for New Jersey’s Environmental Justice (EJ) Law. The challenge, brought by ELEC 825 and the Institute of Scrap Recycling Industries, claims that the DEP’s regulations have created confusion and have gone beyond what is allowed by the law.
The New Jersey Business & Industry Association (NJBIA) and the Chemistry Council of New Jersey joined as amici to support the challenge. The law firm Genova Burns is representing the appellants.
DEP adopted its EJ rule in April without accepting substantive changes suggested by business organizations. Ray Cantor, NJBIA Deputy Chief Government Affairs Officer, explained that appellants argued several points where they believe DEP overstepped its authority. These include expanding the law’s reach to areas with no population, excluding overburdened communities from comparison standards, redefining “new” facilities to include existing ones without permits, broadening the definition of “expansion,” using guidance rather than formal regulation for mapping and stressor criteria, and not considering economic impacts as a compelling public need.
NJBIA highlighted in its amicus brief that these rules have had significant effects on businesses. Cantor noted that since the rules took effect more than two years ago, only one application has completed the process.
“Without clear standards and timeframes for decisions, a business cannot know what is to be expected or how long the process will take,” Cantor said.“The result of all of this is regulatory overreach that does not serve the interests of the communities it seeks to protect.”
