$160 – $190

Live Webinar: Environmental Land Use Law

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NEW LIVE WEBINAR

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Hot Topics & New Developments in Environmental Land Use Law

November 4, 2020 | 8:30am-12:00pm (Login begins at 8:15am)

Description

In this new Montclair State University half-day program which is presented in cooperation with CPES, learn about the hottest topics and latest new developments in land use law and regulation. This program assembles some of New Jersey’s top environmental experts to help you navigate through the maze of overlapping, and sometimes conflicting jurisdictions and mandates to help you better understand and stay in compliance!

Who Should Attend?

  • Licensed Site Remediation Professionals (LSRPs)
  • Attorneys,
  • Municipal Employees
  • Industry Representatives with Environmental Responsibilities
  • Environmental Consultants and Engineers
  • Parties Responsible for Environmental Remediation
  • Property Owners and Managers
  • Developers & Planners
  • Real Estate Brokers
  • Lending Institution Representatives
  • Insurance Specialists
  • Regulatory Compliance Specialists

Topics to be Discussed

Overview

  • Environmental v. conventional land use – a short history
  • Resource specific protection (e.g. wetlands, flood hazard areas) v. area specific protection (e.g. Coastal Area Facility Review Act)
  • How statutes and their implementation can change over time
  • Waterfront Development Law – 1914 to present
  • Flood Hazard Area Control Act – 1926 to present
  • Regional land use measures (e.g. Pinelands / Highlands / Meadowlands)
  • Land use regulation at the Federal level (Clean Water Act Section 404 / Federal Coastal Zone Management Act / National Environmental Policy Act)
  • Statutes and administrative regulations – a short discussion on administrative law and procedure

Freshwater Wetland Protection Act (NJSA 13:19B-1 et seq; NJAC 7:7)

  • Wetlands defined
  • Wetland Transition Areas
  • What activities are regulated?
  • Types of approvals:
  • permits-by-rule
  • permits by certification
  • general permits
  • individual permits
  • Transition Area waivers
  • Letter of Interpretation
  • Standards for issuing permits
  • Minimal adverse impacts, both individual and cumulatively
  • The practicable alternatives test
  • Mitigation and the “sequencing requirement”
  • Conservation Restrictions
  • RP related approvals
  • Enforcement

Flood Hazard Area Control Act (NJSA 58:16A-50 et seq., NJAC 7:13)

  • Flood Hazard Areas defined
  • Riparian Zones
  • Delineation methods
  • Applicability Determinations and Verifications
  • Types of Approvals
  • Riparian Zone Hardship Waivers
  • Legal standards for impacting other properties
  • Conservation Restrictions
  • SRP related approvals
  • Enforcement

Stormwater Management (NJSA 58:10A-1 et seq.; NJAC 7:8)

  • Regulated activities
  • What are the standards?
  • Rate
  • Volume
  • Water quality
  • Low Impact Development and Green Infrastructure
  • SRP related issues

What lies ahead? PACT (Protecting Against Climate Change)

Course Instructors

Vincent Mazzei, Assistant Commissioner, Watershed & Land Management, NJDEP

Vincent Mazzei serves as Assistant Commissioner for Watershed and Land Management, overseeing the Division of Land Resource Protection and the new Division of Watershed Protection & Restoration.

Selected to lead the WLM program in June, Vince previously supervised the Bureau of Inland Regulation, in the Division of Land Use Regulation.

Vince began his DEP career in 1988, following his graduation from Stevens Institute of Technology. He is a licensed professional engineer and is regarded as an expert in flood risk analysis and mitigation. For more than 30 years, Vince has worked to support environmentally responsible planning, design and construction of thousands of development and infrastructure projects throughout New Jersey.

Vince authored New Jersey’s Flood Hazard Area Control Act rules, which are the most stringent statewide flood hazard area and stream corridor protection regulations in the nation. He has a leading role in the development of NJPACT, a targeted regulatory reform initiative aimed at modernizing many of the state’s environmental regulations to protect against climate threats. He also serves as chairman of the New Jersey Association for Floodplain Management.

Vince was named the 2018 Government Engineer of the Year by the American Society of Civil Engineers, North Jersey Branch, and the 2016 Civil Engineer of the Year by the American Society of Civil Engineers, Central Jersey Branch. He is a two-time recipient of the State of New Jersey Teamwork and Partnership Award.

William Sullivan, Scarinci Hollenbeck

Mr. Sullivan’s practice includes the representation of clients with respect to a wide variety of land use and redevelopment projects, energy infrastructure projects, environmental permitting and compliance, site remediation, and related litigation. He has represented private developers on significant development and redevelopment projects throughout northern New Jersey, in communities such as Hackensack, Ridgefield, Teterboro, Woodland Park, Harrison, Kearny, Linden, Newark and the Oranges. For example, he served as the primary permitting counsel for a $1 billion regional, private energy transmission project in Bergen and Hudson Counties, and he served as the land use and permitting counsel for the John Theurer Cancer Center at Hackensack University Medical Center.

Mr. Sullivan also has a specialized expertise related to projects subject to the land use permitting jurisdiction of the New Jersey Sports and Exposition Authority (formerly the New Jersey Meadowlands Commission), which controls the development of property in all or portions of fourteen municipalities in the Meadowlands region, using legal criteria distinct from any other municipalities in the State. Mr. Sullivan has obtained approvals for multiple commercial and industrial projects in this region.

Mr. Sullivan also represents public clients in land use regulatory matters, including the City of Elizabeth Zoning Board of Adjustment, the Township of South Orange Village Planning Board, and the Township of Bloomfield Historic Preservation Commission.

He has represented clients in regard to energy efficiency and renewable energy projects, including advice on financial incentives, contracting for efficiency and renewable projects, and regulatory approvals related to these projects. Mr. Sullivan’s litigation experience includes cases related to land use development, contaminated site remediation and environmental and commercial insurance coverage disputes

Neil Yoskin, Partner at Cullen and Dykman LLP.

Neil chairs the Firm’s Environmental Practice Group and is the partner in charge of the Princeton office. His practice includes all aspects of environmental, land use, natural resource and redevelopment law. He regularly represents clients before the DEP, USEPA, the U.S. Army Corps of Engineers, the New Jersey Highlands Council, Pinelands Commission and Meadowlands Commission.

Mr. Yoskin has litigated matters relating to public access, wetlands, waterfront development, port facility siting, endangered species, solid waste licensing and groundwater pollution in both State and Federal courts. Mr. Yoskin is a former staff attorney with the New Jersey Department of Environmental Protection, where he served in a variety of capacities, beginning as Counsel to the Division of Coastal Resources and later served as Chief of the Department’s Office of Legal Affairs. He is a former director of the Environmental Law Section of the New Jersey State Bar Association and founded the Section’s Wetland Committee. He is a former adjunct faculty member at Seton Hall Law School and is a frequent contributor to New Jersey ICLE Programs. Mr. Yoskin is active in a number of professional organizations, including the New Jersey Builders Association and the Economic Development Association of New Jersey.

Continuing Education Credit

  • NJ LSRP CEC's: Pending
  • NJ Continuing Legal Education: 3.6 CLEs
  • NJ Professional Engineers: 3 CPCs
  • ATTENTION HEALTH OFFICERS AND REGISTERED ENVIRONMENTAL HEALTH SPECIALISTS: Participants who complete this education program will be awarded 3 NJ Public Health Continuing Education Contact Hours (CEs)

Questions?  Please email Julianne Mosolgo with questions at mosolgo@cpesnj.com or call at 774-571-1664

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