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Michael Pisauro: Green Pages - NJ



 Michael Pisauro

DEP does not need a search warrant to inspect wetlands

The New Jersey Supreme Court recently released its decision in Huber v. Read more »Read original article

 
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Webinar on Land Use for Objectors

On April 19th, I will holding be a webinar giving an overview of the land use process for objectors.  What you need to do in order to be effective in opposing a project.  To learn more about the webinar and to sign-up take a look at Land Use for Objectors.Read original article

 
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Regulations Are Not a Taking Under the Constitution!

Recently a member of the Highlands Council was quoted as saying that the Highlands Water Protection and Planning Act took people’s property without compensation in violation of the Fifth Amendment of the U.S. Read more »Read original article

 
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Will Owner/Operators have to certify that their property is clean?

In July 2012 the NJ Appellate Division overturned a DEP ISRA requirement that a person who is applying for a de minimis exception certify that the property is clean. I wrote about the case in Property Owners no longer need to certify their property is clean to get ISRA exemption.  On Monday, the Assembly Environment [...]Read original article

 
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Green Pages NJ

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Does DEP need a search warrant to investigate wetlands on your property?

  There is an interesting case awaiting a decision by the NJ Supreme Court.  The issue before the Court is whether a property owner has any Fourth Amendment right to require the DEP to obtain a warrant before inspecting a property for compliance with environmental regulation.  This case was argued before the Supreme Court on 10/23 and awaiting their decision. Read more »Read original article

 
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Will Owner/Operators have to certify that their property is clean?

In July 2012 the NJ Appellate Division overturned a DEP ISRA requirement that a person who is applying for a de minimis exception certify that the property is clean. Read more »Read original article

 
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SRRA, LSRP, SRPLB and what it all means.

On May 7th we entered a brave new world.  As of that date all contaminated sites are now required to hire a Licensed Site Remediation Professional (LSRP).  LSRPs were created as a result of the Site Remediation Reform Act (SRRA) that was passed in 2009.  The State was moved to pass SRRA because many stakeholders thought that the process at that time was broken and that change was needed to address the 16,000 to 20,000 sites in need of remediation.  What exactly is an LSRP and what does SRRA do?  Following is an expansion on a  Read more »Read original article

 
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DEP TO START ACCEPTING WAIVER RULE APPLICATIONS ON AUGUST 1, 2012

Beginning August 1, 2012 the gates at DEP will be open to receive applications under the new “Waiver rule.” Under this regulation, DEP has authorized itself to waive an applicant’s requirement to comply with nearly all of DEP’s rules if the applicant can show that it meets one of four very broad and undefined categories.  Although the rule was adopted on April 2, 2012, DEP delayed its implementation so that it could develop: Read more »Read original article

 
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Property Owners no longer need to certify their propert is clean to get ISRA exemption.

The New Jersey Appellate Division has just made it even harder for NJDEP to insist that contaminated sites be cleaned up. In a decision rendered last week the Court invalidated DEP’s requirement that applicants for a de minimis exception certify that the property is clean. While the Court stayed the decision for 30 days to allow for the inevitable appeal to be filed, we will have to wait to see if that blow was also dealt to NJ’s environment or if it is limited to a very particular set of facts and regulations. Read more »Read original article

 
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