
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: April 28, 2020

Partner
201-896-7115 dmckillop@sh-law.com
The Senate Environment and Energy Committee recently advanced legislation aimed to protect environmental justice communities, such as those burdened with excessive and disproportionate exposure to pollution via power plants, trash incinerators and sewage-treatment plants. Senate Bill 232 would specifically require a person seeking a permit for a new facility, or for the expansion of an existing facility, located in a “burdened community,” to meet certain additional requirements before they can obtain the permit.
“We can no longer ignore that some of the decisions that were made with regards to the concentration of certain industries in lower socioeconomic communities have ignored the principles of fairness and inclusion in the decision-making process, leading to documented adverse health effects for those residents,” said co-sponsor Sen. Troy Singleton. “We must address the most egregious imbalances of this process that result in those having more financial resources and louder political voices crowding out those who are bereft of both.”
Under Senate Bill 232, an “overburdened community” is defined as any census block group in which at least one-half of the households qualify as low-income households, and either: (1) at least 40 percent of the residents identify as Black, African American, Hispanic or Latino, or as members of a State-recognized tribal community; or (2) at least 40 percent of the households have limited English proficiency. The bill also requires the New Jersey Department of Environmental Protection (DEP) to publish a list of overburdened communities on its website. The DEP would also be required to notify a municipality if any part of the municipality is designated an overburdened community under the bill.
Starting 180 days after the effective date of the bill, any application for a permit for a new facility, or for the expansion of an existing facility, located in whole or in part in an overburdened community must meet certain conditions. Specifically, a permit applicant would be required to:
Following the public hearing, the DEP would be required to consider the environmental justice impact statement, any testimony presented at the hearing, and any written comments received, and evaluate any revisions or conditions to the permit that may be necessary to avoid or reduce the adverse impact to the environment or to the public health in the overburdened community. Under the bill, the DEP would not be authorized to issue a decision on a permit application for a new or expanded facility located in whole or in part in an overburdened community until at least 45 days after the public hearing.
The DEP would be authorized to deny a permit application for a new or expanded facility located in whole or in part in an overburdened community upon a finding that approval of the permit application would, together with the cumulative environmental or public health stressors posed by existing conditions located in or affecting the overburdened community, result in a disproportionate impact to the overburdened community when compared to the impact and risk born by other communities in the State.
Senate Bill 232 is now pending before the Senate Budget and Appropriations Committee. The attorneys of the Scarinci Hollenbeck Environmental & Land Use Group will continue to track the status of the environmental justice bill and provide updates.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!