NJDEP's first Environmental Justice Law

The New Jersey Department of Environmental Protection issued Administrative Order 2021-25 on September 22, 2021. The regulations are expected to be proposed in late 2021 and won’t be adopted until late 2022.

The AO specifically relates to facilities in overburdened communities. The following is an excerpt from the NJDEP Press Release:

Extends public comment periods to at least 60 days, with a potential extension for an additional 30 day period upon the written request of a member(s) of the overburdened community;

Require a mandatory public hearing in a manner intended to maximize participation of individuals within the overburdened community;

During the extended public comment period and public hearing, encourage individuals to provide information regarding existing conditions within the overburdened community and potential facility-wide environmental and public health stressors that could result in adverse impacts in the event of an approval;

Require the applicant to respond to and address the concerns raised by individuals in the overburdened community and to conduct any additional analysis related thereto that the Department deems necessary for its review;

Strongly encourage each applicant to engage directly with individuals in the overburdened community in advance of, and in addition to, formal public comment, including providing relevant information related to facility-wide impacts; and

Where permits or approvals may be issued, the Department will apply such special conditions as may be necessary to avoid or minimize environmental or public health stressors.

The list and Environmental Justice Mapping Tool can be accessed here.