NJBIA Deputy Chief Government Affairs Officer Ray Cantor issued the following statement regarding a decision today from the Appellate Division of Superior Court to not invalidate the rule-making process for the Department of Environmental Protection’s Environmental Justice Law. 

A three-judge panel, sitting in New Brunswick, had previously heard arguments from two appellants, ELEC 825 and the Institute of Scrap Recycling Industries.   

NJBIA, represented by the Genova Burns law firm, and the Chemistry Council of New Jersey, represented by K&L Gates, both joined as amicus to support the challenge to the rule.  

“We’re disappointed in today’s ruling as the regulations behind the state’s EJ law we, and others, believe clearly exceeded the specific provisions of the statue.

“The EJ rules have had, and will continue to have, a chilling effect on New Jersey’s business community. They have been in place for more than two years, but only two applications have moved through the process.

“Without clear standards and timeframes for decisions, a business cannot know what is to be expected or how long the process will take. The result of all of this is regulatory overreach that does not serve the interests of the communities it seeks to protect.

“If there is further appeal, NJBIA will consider staying on as an amicus to the case and we encourage the incoming Sherrill administration to revisit these regulations.”