Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection
102 A.3d 939
| N.J. Super. Ct. App. Div. | 2014Background
- SEP owns Fenimore Landfill in Roxbury and planned to cap the site and install a solar facility; closure plan approved by DEP in 2011 required compliance with SWMA and odor controls.
- By 2012 the DEP determined SEP violated closure plan conditions; consent order terminated and SEP ordered to stop accepting fill, prompting SEP to seek relief in Chancery Division.
- Ground gypsum board and hydrogen sulfide emissions emerged after late 2012, with odor complaints from nearby residents and investigations confirming hydrogen sulfide as the odor source.
- In 2013 the DEP issued numerous orders; in June 2013 the Legislature enacted the Legacy Landfill Law creating a new regulatory regime for legacy landfills and authorizing emergency orders.
- On June 26, 2013 the Commissioner issued an emergency order under the Legacy Landfill Law alleging an imminent threat from emissions and authorized DEP to seize the landfill; SEP sought a stay.
- The Appellate Division vacated the emergency order and remanded for factual proof on whether emissions constituted an imminent threat, and to address retroactivity and constitutionality challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to issue emergency order | SEP contends the DEP lacked authority to seize or halt activities without a judicial order based on 13:1E-125.4 and retroactive application. | DEP asserts emergency authority under Legacy Landfill Law to address imminent threats and to issue orders to abate hydrogen sulfide emissions. | Emergency order vacated; DEP lacked authority to enjoin/seize without judicial process. |
| Retroactive application of the Legacy Landfill Law | Retroactive application would violate James v. N.J. Mfrs. Ins. Co. and injure SEP by disrupting reliance on prior law. | Law could be retroactively applied under one of the James circumstances to fulfill legislative intent and remediate past conditions. | Retroactive application invalid; order vacated for violating retroactivity principles. |
| Remedies and hearing on imminent threat | SEP should be afforded a plenary hearing and opportunity to present evidence on imminent threat under 13:1E-9.5(c). | Emergency action is permissible based on observed emissions and statutory framework; | Remand for discovery, expert reports, and plenary hearing on whether emissions posed an imminent threat. |
| Constitutional challenge to special legislation | Legacy Landfill Law constitutes unconstitutional special legislation targeted at SEP's landfill. | Law serves broad, legitimate environmental protection purposes and applies to hundreds of legacy landfills. | Court rejected SEP's claim of unconstitutional special legislation. |
Key Cases Cited
- Infinity Broad. Corp. v. N.J. Meadowlands Comm'n, 187 N.J. 212 (2006) (exclusive appellate review of agency action; remand for fact-finding when needed)
- State Farm Mut. Auto. Ins. Co. v. N.J. Dep't of the Pub. Advocate, 227 N.J. Super. 99 (App. Div. 1988) (remand and evidentiary standards in agency-related appeals)
- Montclair Twp. v. Hughey, 222 N.J. Super. 441 (App. Div. 1987) (scope of appellate review and remand for fact-finding)
- James v. N.J. Mfrs. Ins. Co., 216 N.J. 552 (2014) (two-part retroactivity test for statute application)
- In re D.C., 146 N.J. 31 (1996) (retroactivity framework and balancing cured vs. prospective effects)
- Phillips v. Curiale, 128 N.J. 608 (1992) (retroactivity considerations and legislative intent)
- Gibbons v. Gibbons, 86 N.J. 515 (1981) (express or implied retroactive legislative intent)
- Secaucus v. Hudson Cnty. Bd. of Taxation, 133 N.J. 482 (1993) (three-part special-legislation inquiry and rational basis)
- Vreeland v. Byrne, 72 N.J. 292 (1977) (three-part test for special legislation)
- Newark Superior Officers Ass'n v. City of Newark, 98 N.J. 212 (1985) (presumption of constitutionality; defer to legislative judgment)