PERMIT EXTENSION ACT SIGNED INTO LAW BY GOVERNOR CORZINE

By: Penny S. Ludman

On September 6, 2008, Governor Jon S. Corzine signed the Permit Extension Act of 2008 which will significantly impact both governmental entities that issue permits and approvals and the regulated development and real estate community.

The Permit Extension Act is a response to the national recession, which has drastically affected various segments of the New Jersey economy, and none as severely as the State’s banking, real estate and construction sectors. The Permit Extension Act is designed to assist developers who are suffering severe economic losses by tolling the lapsing of their governmental development related approvals, thereby avoiding intensified financial and time losses during this economic downturn.

The Permit Extension Act extends the term of numerous existing governmental approvals through July 1, 2010 in an effort to spur the development industry in our State and avoid the abandonment of approved projects. Furthermore, the Permit Extension Act revives those approvals that expired after January 1, 2007.

As adopted, the Permit Extension Act represents a compromise between the environmentalist and developers in New Jersey. The Act tolls the expiration of a wide array of governmental approvals while at the same time, protects development in what have been identified as environmentally sensitive areas.

The Permit Extension Act took effect immediately upon passage, thus State and local municipal agencies and land use authorities must quickly proceed in identifying those environmental permits and land use approvals within their jurisdiction that are tolled by the Act and which approvals are exempt. The Permit Extension Act requires State agencies to place a notice in the New Jersey Register tolling all approvals in conformance with the Act within 30 days of its effective date. Governmental agencies should also evaluate how the loss of processing, extension and renewal fees may adversely impact their declining budgets.

Developers and contractors, on the other hand, must scrutinize all of their current and lapsed State, county and local municipal land use approvals to determine how the Permit Extension Act will aid and/or revitalize their projects. Difficult decisions, such as scaling back projects, canceling material orders and layoffs may be avoidable.

Governmental approvals tolled by the Permit Extension Act include waterfront development permits; permits issued pursuant to The Wetlands Act of 1970, the Freshwater Wetlands Protection Act, and the Coastal Area Facility Review Act; permits issued by the New Jersey Meadowlands Commission; soil erosion and sediment control plan approvals; development applications granted by the Delaware and Raritan Canal Commission; permits granted by the State Uniform Construction Code Act; permits, exemptions and wastewater management plans issued pursuant to the Water Pollution Control Act; and municipal land use approvals.

As noted above, exceptions to the protections granted by the Permit Extension Act include permits issued within environmentally sensitive areas, such as those portions of the Pinelands Area and Highlands Region not designated as growth areas. Additional exclusions include development in the Flood Hazard Control Area; approvals associated with administrative consent order issued by the Department of Environmental Protection; and extensions that would be contrary to federal law or regulation.

Florio Perrucci Steinhardt & Fader is available to assist public and private clients in determining how the Permit Extension Act impacts upon them. Our Firm can suggest to review a municipality or agency's approvals and identify those permits that must be tolled by the Permit Extension Act. Additionally, our Environmental Practice Group can help developers in evaluating their current and lapsed approvals and advise on successfully seeing development projects through to their conclusion. For more information on this subject, please contact Penny S. Ludman of our Firm’s Environmental Group at (856) 853-5530 or pludman@florioperrucci.com.
 

GOVERNOR FLORIO LEADS DISCUSSION
AT 2008 RPA ANNUAL CONFERENCE

Governor James J. Florio, a founding partner in the firm, played a leading role in the 2008 Regional Plan Association (RPA) annual conference entitled "Oil & Water: Adapting to Scarcity," earlier this year.

 

Over 600 environmental, business, and political leaders, gathered at the Waldorf Astoria Hotel in Manhattan to hear keynote speeches from such distinguished leaders as Speaker of the United States House of Representatives, Nancy Pelosi, and Atlanta Mayor Shirley Franklin.

 

Governor Florio, who serves as Vice Chairman and Co-New Jersey Chairman of RPA, New Jersey RPA Co-Chairman of RPA,   led a well-received discussion entitled “Open Space: Protecting the Source,” on adapting successful national models to preserve our region’s water reservoirs and aquifers. Governor Florio chairs the Environmental Group at Florio Perrucci Steinhardt  & Fader, and served as Governor of New Jersey from 1990 to 1994.

GOVERNOR FLORIO RALLIES WITH
ENVIRONMENT NEW JERSEY
ON OFF-SHORE WIND

On the steps of the New Jersey Statehouse, Governor James J. Florio addressed a well-attended audience during the 2008 Earth Day event. "Off-shore wind needs to be a robust part of New Jersey's energy portfolio. It's cost-competitive; a direct way to combat global warming and will promote green collar jobs in New Jersey. As we celebrate Earth Day, New Jersey needs to commit itself to an aggressive goal of 1,750 megawatts of energy from off-shore wind in 2020. New Jersey can be a national leader on off-shore wind and we should not be reticent.

"New Jersey has already made strong commitments to clean energy with one of the nation's strongest clean energy standards -- 20% of our energy coming from clean, renewable sources by 2020 -- and the nation's strongest global warming bill to reduce emissions by 20% by 2020 and 80% by 2050. These are big goals, and if we're going to meet them, we need to actively embrace off-shore wind. The consequences of failing to meet these goals will be felt by future generations. Scientists have warned us that the shore is at risk from global warming, with a potential sea level rise anywhere from two to four feet. With this much at stake -- and clean energy solutions that work -- we can't stand by.

"I am heartened by the status of the initial off-shore wind project, and urge Governor Corzine's Administration to move ahead with the project in a timely manner. I firmly believe that the current process will allow the necessary environmental safeguards and appropriate siting considerations to be fully considered. I am heartened that off-shore wind is part of the just released energy master plan, but I would urge Governor Corzine to increase the energy projections from off-shore wind. New Jersey can be a national leader in off-shore wind energy and we should not shy away from this opportunity."

ENVIRONMENTAL LAW PRACTICE

Florio Perrucci Steinhardt & Fader's Environmental Group specializes in counseling and litigation for clients on issues of federal, state, and local environmental law. Our clients include Fortune 500 companies, in-house environmental compliance officers and small businesses. Issues range from multi-million dollar remediation, to civil and criminal violations, to compliance advice and counseling.

 

The group's members include a former Deputy Attorney General and New Jersey Department of Environmental Protection counsel and is led by Governor James Florio. The firm takes pride in the breadth of the group's experience and its combination of state and federal litigation skills, regulatory knowledge and environmental transactional experience.

The Environmental Group handles a wide range of environmental issues in New Jersey, Pennsylvania and the Northeast region. Our prior professional activities and affiliations with both federal and state environmental regulatory agencies are particularly helpful in our practice. Examples of areas of service are as follows:

Hazardous and Solid Waste

Advise on compliance with applicable statutes and regulations in connection with waste disposal, and on acquisition of permits for treatment, storage, and disposal of hazardous wastes.

 

Representation in cleanups, oversight of technical consultants, advice regarding contribution among parties, settlement and cost allocation. Representation in site remediation, defense of governmental clean-up actions, and representation of litigants in private cost-recovery actions.

Air, Noise, and Water Pollution and Regulatory Compliance

Provide permit application services and compliance advice for public and private clients on complex air-emission requirements for existing plants and new construction.

Advise public and private clients concerning acquisition of and compliance with industrial discharge permits, storm water discharge permits and U.S. Army Corps of Engineers "dredge and fill" permits.

Counsel and represent private and public clients faced with the legal, governmental and economic complexities of aviation noise and route systems, airport construction, expansion and land use.

Environmental Litigation

Pre-trial, trial, appellate and administrative agency matters involving environmental issues under federal, New York, and New Jersey law.

Private cost-recovery actions and defense of potentially responsible parties (PRPs) in governmental clean-up matters. Toxic tort and product liability litigation involving chemicals, toxic air emissions and hazardous substances.

No field of law is changing as quickly, or with such important consequences for businesses and government, as environmental law. At Florio Perrucci Steinhardt & Fader, we strive to remain on the cutting edge of new developments in the field and to advise our clients on how those changes may affect them.