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
