Appellate Division Endorses "Waiver Rule:" DEP Allowed To Waive Regulations In Limited Circumstances

On March 21, 2013, the Appellate Division rejected a challenge to the so-called Waiver Rule ( N.J.A.C. 7:1B-1.1, et seq .) [ enhanced version available to lexis.com subscribers ], which allows the New Jersey Department of Environmental Protection ("DEP") to waive certain environmental regulations...

New Jersey with Yellow stick figure waving