TransactionsJuly 31, 2014 – In The News
David Restaino and John Grossman recently succeeded in being granted, on behalf of an institutional client, an adjudicatory hearing by the NJ Department of Environmental Protection (DEP) on our petition arising from the DEP’s denial of a final, environmental permit application, for remedial action for groundwater, recommended by our client’s Licensed Site Remediation Professional (LSRP). They contended, among other things, that no authority exists under the LSRP program for such a denial. Additionally, there is no NJ Administrative Code provision in place governing such a petition or providing the parameters for the grant or denial of an adjudicatory hearing request under these circumstances. This was one of the first adjudicatory hearing requests granted by the NJDEP with regard to one of these permits.