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Michael Pisauro: Green Pages - NJ



 Michael Pisauro

NJ Appellate Court rules NJ must withdraw regulations in order to withdraw from RGGI

On March 25th the New Jersey Appellate Court handed a victory to the environment and a sort of defeat to Governor Christie.  In In Re Regional Greenhouse Gas Initiative (RGGI), Environment NJ and NRDC sued NJ DEP over the withdraw from the RGGI program.  After Governor Christie announced that NJ would withdraw from RGGI, DEP accomplished this goal through a notice on its website.   The Court held that this informal method of communication was insufficient.  To withdraw from RGGI the State   must first amend or withdraw its regulations implementing RGGI. Read more »Read original article

 

Fracking waste ban and the Dormant Commerce Clause

In September 2012 Governor Christie vetoed A575, a bill that would have prohibited the treatment and discharge of hydraulic fracking waste within the State of New Jersey.  Despite broad public and bipartisan support for this bill, Governor Christie vetoed it on the grounds that it would, “violate the dormant commerce clause.” The Governor also noted that it violated the commerce clause because there was no in state fracking likely to occur.  A similar bill (S1041) now up for the vote is being subject to the same self- serving misinterpretation. Read more »Read original article

 

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

 

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

 

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

 

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

 

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

 

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

 

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