The NJDEP Recently Announced its Filing of Six New Environmental Enforcement Lawsuits
The New Jersey Department of Environmental Protection (NJDEP) recently announced that it has filed six new environmental enforcement lawsuits. The suits target sites in Newark, Trenton, East Orange, Kearny, and Camden.
Environmental Justice Initiative
As detailed in greater depth in prior articles, environmental enforcement has become a top priority for the Murphy Administration. Forthefirst time in a decade, New Jersey filed six new lawsuits seeking to recover natural resource damages (NRD). Last year, the Office of the Attorney General (OAG) and NJDEP also launched a new “environmental justice” initiative designed to address pollution and environmental hazards in minority and lower-income communities across the state.
When it announced the initiative in December 2018, the OAG filed eight environmental justice lawsuits. The Attorney General’s Office also created a new unit to bring additional focus to environmental justice issues. The section, known as the “Environmental Enforcement and Environmental Justice Section,” has repurposed existing resources and hired additional attorneys to bring enforcement actions and promote environmental justice across the state.
Latest Enforcement Suits
On October 25, 2019, Attorney General Gurbir S. Grewal and NJDEP Commissioner Catherine R. McCabe announced the filing of six new enforcement actions targeting alleged polluters in minority and lower-income communities across New Jersey:
461-491 Fourth Street in Newark (site of the Nanes Metal Finishing Company);
723-725 Chestnut Street in Trenton (site of Sainte Marie Dry Cleaners);
1474 West State Street in Trenton (site of Schofield Cleaners);
260-268 Chestnut Street in Camden (site of significant illegal dumping);
34-38 Stover Avenue in Kearny (site of Auto Scrap); and
66-68 North Park Street in East Orange (site of Gas Mart).
“Today’s six enforcement actions are just the latest salvo in our ongoing efforts to stand up for environmental justice and to fight for communities across the state that have been ignored in the past,” said Attorney General Grewal. “Our message to polluters is once again clear: you cannot pollute the state’s air, water, or land and get away with it under our watch. No matter whether a company is releasing hazardous substances into the soil or an individual is maintaining an illegal dump in a residential neighborhood, we will take them to court. That is the kind of environmental commitment that all of our communities deserve.”
Environmental Crimes Handbook
Attorney General Grewal also announced the publication of an Environmental Crimes Handbook, which is a guide for the state’s law enforcement personnel. In his accompanying letter to law enforcement, Grewal highlighted that a range of laws already exist that empower law enforcement officers to investigate, arrest, and prosecute individuals and companies that cause environmental harm. The manual aims to “empower law enforcement officers across the state to understand the range of environmental crimes.” It includes a summary of the elements and penalties of all the most common and widely applicable environmental laws. To further support enforcement, the Environmental Crimes Unit is also developing training to provide to state and local investigators and prosecutors to help address environmental crimes.
Key Takeaway
The six new suits confirm that addressing contamination in minority and lower-income communities remains a top priority for the Murphy Administration. Property owners and others who may be responsible for pollution and other environmental hazards in such communities should be prepared for increased scrutiny. Given that the costs of remediation and related enforcement penalties, businesses should also be proactive and contact an experienced environmental law attorney with any concerns.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
