In the Law360 article, “NJ’s Natural Resource Damage Order May Be Helpful For Cos.,” Archer environmental law attorneys Marc Rollo, Matthew Conley and Charlie Dennen discuss the New Jersey Department of Environmental Protection’s (DEP) recently issued Administrative Order 2023-08. The administrative order is another step in the evolution of the natural resource damage, or NRD, enforcement in New Jersey. The administrative order affirms the DEP’s duties as trustee for the state’s natural resources and, importantly, directs the DEP to put in place mechanisms to enhance consensus-building in the planning, design and implementation of natural resource restoration activities through improved collaboration with the public and stakeholders.
The order seeks to, among other things, improve the NJDEP’s “policies and procedures for voluntarily resolving potential NRD liabilities with responsible parties” by providing technical assistance and incorporating NRD assessment into the regulatory remediation process. The administrative order may prove to be a welcome development for much of the regulated community, which has for years sought more predictability and guidance regarding NRD liability at contaminated sites in New Jersey.
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