NJDEP Pursuit of Natural Resource Damages

As of August 2018, the New Jersey Attorney General and the Department of Environmental Protection (“NJDEP”) have demonstrated that the new administration under Governor Phil Murphy will be litigious in responding to damages caused by environmental contamination. Specifically, the State of New Jersey filed six (6) complaints: three (3) to recover the State’s expenses in conducting environmental remediations, and three (3) to recover natural resource damages. The new administration categorizes the litigation filings as the largest single-day environmental enforcement action in New Jersey in at least a decade, as the State had not initiated a new NRD claim throughout the entirety of the last administration’s term under Governor Chris Christie.

Many businesses and property owners thus may be facing claims for natural resource damage claims likely to receive significant publicity and media attention.

Prior to Governor Christie’s administration, the State indicated that possibly more than 4,000 potential claims for natural resource damages existed in New Jersey.  The Policy Directive issued for 2003 – 2007 is the most current guidance to enforcement officials regarding the State’s perspective in handling these claims and analyzing potential settlements. Although it is anticipated that the State may issue new directive and guidance in connection with its new interest in enforcing such claims, the 2003-2007 Policy Directive’s section on settlement policies may be informative for parties who find themselves litigating such claims in the meantime. The 2003-2007 Policy Directive can be located at the following link: https://www.nj.gov/dep/commissioner/policy/pdir2003-07.htm.

The Law Office of Howard Davis, P.C., has regularly conducted negotiations with the NJDEP for clients in various industries. We have successfully negotiated administrative and litigation settlements, administrative orders, penalty reductions, and assisted clients with complex administrative permitting.