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NJDEP Waiver Rule UpheldOctober 15, 2013

The New Jersey Supreme Court has denied the petition for certification filed by numerous groups asking the Court to overrule the validity of NJDEP's Waiver Rule.

The petitioners argued that NJDEP does not have the authority to waive its own substantive regulations. The Appellate Division had previously disagreed with this argument and upheld the Waiver Rule. The Supreme Court's denial of the petition for certification means that the Waiver Rule stands. To date, NJDEP has not approved any waiver application. Fewer than 30 applications have been filed since the implementation of the Waiver Rule. Perhaps with this new certainty of its legality, NJDEP will review and grant those requests that have merit and worthy applications will be filed.

Related Practice: Environmental & Land Use

Attorney: Susan Rubright

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Group Asks NJ Supreme Court to Review Waiver Rule DecisionApril 19, 2013

The Environmental Law Clinic on behalf of numerous environmental and several labor groups has filed a notice of Petition for Certification with the New Jersey Supreme Court seeking to overturn portions of the Appellate Division's ruling upholding the validity of the NJDEP Waiver Rule. As the Appellate Division's decision was unanimous, the Supreme Court is not completed to take the case. The Appellants are seeking review by the Supreme Court on whether the NJDEP acted within its legislative authority in promulgating the general Waiver rule and whether the Waiver rule contains adequate regulatory standards.

Related Practice: Environmental & Land Use

Attorney: Susan Rubright

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