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Wednesday, June 27, 2012

ASDAL BUILDERS, LLC, ET AL. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. A-2392-10T1


ASDAL BUILDERS, LLC, ET AL. VS. NEW JERSEY 
  DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL.
  A-2392-10T1

 We published that portion of our lengthy opinion reviewing the final decision of the Commissioner of the Department of Environmental Protection (DEP), regarding the renovation and construction of structures located in a floodway, which addressed penalty assessments imposed pursuant to the DEP's authority designated in the Environmental Enforcement Enhancement Act (EEEA), L. 2007, c. 246.  The enactment of the EEEA eased the penalty assessment procedure by granting the DEP direct authority to impose assessments rather than pursue an injunction and penalties through an action filed in Superior Court.  N.J.S.A. 58:16A-63(a) (2004), amended by L. 2007, c. 246 (Jan 4, 2008).  

 We reversed and vacated the EEEA assessments, finding they applied to alleged violations that pre-existed the statute's adoption, which were being challenged on appeal, and could not be considered "on-going." 06-25-12