The Supreme Court announced that it has granted certification in In re Appeal of the New Jersey Department of Environmental Protection’s September 6, 2022 Denial of Request for Adjudicatory Hearing. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does a Remediation in Progress Waiver issued by the New Jersey Department of Environmental Protection convey a property interest to the recipient that is constitutionally protected by the right to due process?” In an opinion reported at 477 N.J. Super. 618 (App. Div. 2024), and summarized here, the Appellate Division held that no property interest was created. That ruling affirmed a decision of the Department of Environmental Protection that denied a hearing.
A DEP Case With a Constitutional Twist for the Supreme Court
