NJ Environmental Justice Rules Survive Industry Challenge (2)

New Jersey’s “Environmental Justice” rules imposing new permitting requirements were upheld by a state appeals court Monday, as it knocked down a challenge from the scrap industry.

Department of Environmental Protection regulations drafted to fulfill a state law mandate to correct “historical injustice” in “New Jersey’s low-income communities and communities of color” were not unlawfully overbroad, didn’t exceed statutory authority, and weren’t crafted arbitrarily, the New Jersey Superior Court Appellate Division ruled unanimously.

The rules, which took effect in 2023. require “a permit or approval to be obtained from the DEP before certain types of development or uses in overburdened ...