Rescinding of Pollution Remediation Waivers Weighed by NJ Court

New Jersey’s ability to pull industrial pollution remediation waivers was the subject of a murky oral argument Tuesday, with the state supreme court questioning what due process rights companies should get before these lucrative permission slips are pulled.

Deals to sell polluted industrial sites often rely on a state cleanup waiver, defraying millions of dollars of remediation costs. But the New Jersey Department of Environmental protection says once those transactions complete, they can pull a waiver and demand remediation at any time.

“They didn’t just want notice, they wanted to be heard,” Chief Justice Stuart Rabner said. “An email saying ...