Sources in Trenton report that the Department of Environmental Protection (DEP) will announce on Monday a delay in publishing the “emergency rule” that was the subject of our June 3 Alert. After feedback from a number of impacted stakeholders, including municipalities, DEP is expected to announce a pause in the publication of the “emergency rule” to allow for more stakeholder input, issue FAQs and release a schedule of stakeholder meetings.
As we noted, the “emergency rule,” would require the redesign or abandonment of many projects in the pipeline and would take effect immediately under a rarely used, expedited rulemaking process. The rule remains alive as part of the DEP’s Protection Against Climate Threat (PACT) regulatory initiative. Everyone with projects in the pipeline should remain alert. We will provide additional updates on this blog as additional information becomes available.