The New Jersey Business & Industry Association (NJBIA) has expressed disappointment following an appellate court decision that upheld the rules and regulations established by the New Jersey Department of Environmental Protection (DEP) to implement the state’s 2020 Environmental Justice Law.
The case was brought by the New Jersey Chapter of the Institute of Scrap Recycling Industries (ISRI) and the Engineers Labor Employer Cooperative of the International Union of Operating Engineers Local 825 (ELEC). The plaintiffs argued that DEP exceeded its statutory authority when it adopted rules in 2023, claiming those rules were unconstitutionally vague, overly broad, and arbitrary.
NJBIA, represented by Genova Burns law firm, supported ISRI and ELEC’s efforts to invalidate these environmental justice (EJ) rules through an amicus brief. Ray Cantor, NJBIA Deputy Chief Government Affairs Officer, stated: “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.”
Cantor added: “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.”
Under these EJ rules, businesses seeking environmental permits for new or existing facilities in “overburdened communities” must submit an independent analysis of their facility’s environmental and public health impacts after a public participation process. A permit application is considered incomplete until an EJ assessment is done and public hearings are held.
Plaintiffs also challenged DEP’s expansion of the law’s reach to include areas with no population (“zero population block groups”), although legislative language defined overburdened communities based on census tract populations. Concerns were also raised about DEP’s definitions related to new and expanding facilities as well as mapping and stressor criteria.
A three-judge panel from the Appellate Division of Superior Court—Heidi Willis Currier, Maritza Berdote Byrne, and Jeffrey R. Jablonski—upheld DEP’s approach. In their ruling they wrote: “After careful consideration of the contentions in light of the applicable principles of law, we affirm.” The panel cited prior case law supporting state agencies’ flexibility in setting procedures for legislative policy implementation.
Because this appellate decision was unanimous, plaintiffs would need certification from the New Jersey Supreme Court if they wish to appeal further.
“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,” Cantor said.
NJBIA serves as one of New Jersey’s leading employer associations representing private-sector employers across manufacturing, retail, wholesale, contracting, services sectors and more according to its official website. It offers advocacy services along with practical information for members while facilitating partnerships among businesses and government entities as noted on its site. Founded in 1910 under a different name before broadening its membership base in later decades according to historical records, NJBIA remains headquartered at 10 West Lafayette Street in Trenton per association information.
