NJ Seeks More Flexibility In Fining Air Polluters

Law360, New York (August 20, 2012, 4:33 PM EDT) -- The New Jersey Department of Environmental Protection is thinking about allowing environmental impact to come into play when it assesses civil penalties for manufacturers and others that violate air pollution laws, according to proposed regulation changes published Monday.

Promoting what amounts to a "no harm, no foul" approach to penalizing polluters, the DEP is considering amending its rules to make it clear that the department may adjust penalties downward for violations that don't result in environmental harm, according to the changes published in the state register....
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