Litigation

Porzio Successfully Defends Challenge to Waiver Rule

4/4/2013 | News On March 21, 2013, the Appellate Division rejected a challenge to the so-called Waiver Rule (N.J.A.C. 7:1B-1.1, et seq.), which allows the New Jersey Department of Environmental Protection (”DEP”) to waive certain environmental regulations on a case-by-case basis. Porzio attorney Peter J. Gallagher represented the New Jersey Business and Industry Association (“NJBIA”) as amicus curiae in support of the Waiver Rule, and helped convince the Appellate Division that the Waiver Rule represents a common sense and measured approach to regulation that balances the need to protect the environment with the need to allow businesses and developers to, in appropriate circumstances, get out from under the web of environmental regulations that often unreasonably hamper growth. The parties challenging the rule have vowed to seek certification to the New Jersey Supreme Court, and Porzio hopes to be able to continue to successfully defend the interests of the NJBIA and its constituents – small and large businesses throughout the state – if it does.