NJ's Waiver Rule Has Potential But No Effect Yet

Law360, New York (March 26, 2013, 11:46 AM EDT) -- In a March 21, 2013, opinion, the Appellate Division of the New Jersey Superior Court upheld a newly adopted rule of the New Jersey Department of Environmental Protection, N.J.A.C. 7:1B, that allows it to waive strict compliance with its regulations in certain limited circumstances.[1]

However, while sustaining the waiver rule, the court invalidated certain NJDEP guidance documents and forms as improperly establishing substantive requirements that could be imposed only through notice and comment rule-making.

The Waiver Rule

The NJDEP adopted the waiver rule after Gov. Chris Christie issued...
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