
John M. Scagnelli
Partner
201-896-4100 jscagnelli@sh-law.comFirm Insights
Author: John M. Scagnelli
Date: October 19, 2020

Partner
201-896-4100 jscagnelli@sh-law.com
Just days after New Jersey enacted landmark environmental justice legislation, the New Jersey Department of Environmental Protection (NJDEP) has issued new guidance mandating that state agency decisions be guided by environmental justice principles.
“New Jersey continues to lead the nation in its strides to promote environmental justice,” NJDEP Commissioner Catherine R. McCabe said in a press statement. “While the state’s new environmental justice law requires government to look outward at certain entities we regulate to help avoid disproportionate impacts on EJ communities, this Guidance requires government to look inward—at our policies, protocols, and practices, to imbue the principles of environmental justice into government decision-making processes. When government sews the principles of environmental justice into its work, we can—over time—deliver on the promise of lived equality for all New Jerseyans.”
As detailed in prior articles, the Murphy Administration has taken numerous steps to elevate the importance of environmental justice. Its actions to address pollution and environmental hazards in minority and lower-income communities include launching an environmental justice initiative, creating an Environmental Justice Interagency Council, and bringing enforcement actions targeting polluters in minority and lower-income communities.
On September 18, 2020, Gov. Murphy signed the nation’s strongest environmental justice legislation into law. P.L.2020, c.92 requires entities seeking to build certain facilities, such as power plants, trash incinerators or sewage-treatment plants, or expand an existing facility, located in an “overburdened community” to meet certain additional requirements before they could obtain an NJDEP permit. The law defines an overburdened community as any community where 35 percent of the households qualify as low-income according to the U.S. Census, at least 40 percent of the residents identify as minority, or at least 40 percent of the households have limited English proficiency.
The NJDEP’s latest action follows Governor Murphy’s Executive Order 23, which directed the Agency, in consultation with the Department of Law and Public Safety and other relevant departments, to take the lead in developing guidance for all Executive branch departments and agencies for the consideration of environmental justice in implementing their statutory and regulatory responsibilities. The Executive Order further directed that, following publication of final guidance, all Executive branch departments and agencies must consider the issue of environmental justice and make evaluations and assessments in accordance with that guidance, to the extent not inconsistent with law.
In accordance with Executive Order 23, the NJDEP guidance, Furthering the Promise: A Guidance Document for Advancing Environmental Justice Across State Government, directs executive branch departments and agencies to apply the principles of environmental justice to their operations. It also mandates that they participate in the newly-formed Environmental Justice Inter-Agency Council and create assessments and action plans to improve the agencies’ effects on environmental justice communities.
As set forth in the guidance, environmental justice communities are identified by three criteria: presence in a community of concern; the presence of disproportionate environmental and public health stressors; and the absence or lack of environmental and public health benefits. The NJDEP plans to address the challenges faced by such communities and advance environmental justice across the Executive Branch in three ways:
The NJDEP plans to host its inaugural EJIC meeting in November 2020. Thereafter, departments and agencies must begin preparing initial assessments and outlining Executive Branch action plans. The NJDEP will complete its initial assessment as an example for all of the Executive Branch before the lifting of the COVID-19 public health emergency. Initial assessments for the other agencies will be due 60 days after the COVID-19 public health emergency is lifted.
As state agencies begin to implement the NJDEP’s environmental justice guidance, property owners and others that 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 any questions or if you would like to discuss the matter further, please contact me, John Scagnelli, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!