What Is New Jersey’s Environmental Justice Law?

New Jersey’s Environmental Justice Law is designed to ensure that certain environmental permitting decisions consider the cumulative impacts of pollution on overburdened communities. Rather than evaluating only the emissions or discharges from a single project, the law requires NJDEP to consider existing environmental and public health conditions when reviewing permits for certain facilities.

The law seeks to:

  • Promote environmental equity
  • Protect communities disproportionately affected by pollution
  • Increase public participation in permitting decisions
  • Improve transparency during environmental reviews
  • Encourage thoughtful site selection and project planning

The law does not prohibit all new industrial development. Instead, it creates additional review requirements for qualifying facilities in designated communities.

What Is an Overburdened Community?

An overburdened community is a census block group identified by NJDEP that meets specific statutory criteria related to income, minority population, or limited English proficiency. These communities may already experience higher cumulative environmental burdens than other areas of the state.

A community may qualify if it meets one or more thresholds established under New Jersey law, such as:

  • A significant percentage of low-income households
  • A significant percentage of minority residents
  • A significant percentage of households with limited English proficiency

NJDEP maintains mapping tools that identify designated overburdened communities, allowing developers and businesses to determine whether a proposed project falls within a covered area.

Which Facilities Are Covered by the Environmental Justice Law?

The law applies to certain types of facilities seeking specific permits in overburdened communities. Not every industrial or commercial project is covered, but many higher-impact operations may be subject to the law’s additional review requirements.

Examples of covered facilities may include:

  • Major recycling facilities
  • Solid waste facilities
  • Resource recovery facilities
  • Transfer stations
  • Scrap metal facilities
  • Large sewage treatment plants
  • Certain incinerators
  • Other facility types identified by statute or regulation

Whether a project is covered depends on the type of facility, the permit involved, and the project’s location.

What Is an Environmental Justice Impact Statement (EJIS)?

An Environmental Justice Impact Statement (EJIS) is a report prepared by an applicant that evaluates the potential environmental and public health impacts of a proposed facility on an overburdened community. It provides information that NJDEP uses when reviewing permit applications under the Environmental Justice Law.

An EJIS may address topics such as:

  • Existing environmental conditions
  • Air quality
  • Noise
  • Traffic
  • Odors
  • Public health information
  • Cumulative environmental impacts
  • Measures proposed to reduce adverse effects

Preparing a thorough EJIS early in the permitting process can help identify potential concerns before agency review is complete.

Is a Public Hearing Required?

Yes. Applicants for covered facilities generally must hold a public hearing in the affected overburdened community before NJDEP completes its permit review. The hearing gives residents, local officials, and other interested parties an opportunity to comment on the proposed project and its potential impacts.

The public participation process commonly includes:

  • Advance public notice
  • Availability of project information
  • A public hearing
  • An opportunity to submit written comments
  • Consideration of community concerns by NJDEP

Meaningful public engagement is an important component of the Environmental Justice Law and can influence the overall permitting process.

Can NJDEP Deny a Permit Based on Environmental Justice Concerns?

In some circumstances, yes. The Environmental Justice Law gives NJDEP expanded authority when reviewing covered permit applications in overburdened communities. Depending on the applicable statute, regulations, and the specific permit involved, NJDEP may impose permit conditions or deny certain permit applications if it determines that the facility would cause or contribute to disproportionate adverse cumulative environmental or public health impacts.

Each application is evaluated on its own facts, including:

  • Existing environmental conditions
  • The nature of the proposed facility
  • Information contained in the EJIS
  • Public comments
  • Potential mitigation measures
  • Applicable statutory and regulatory requirements

Because these reviews are highly fact-specific, applicants benefit from identifying potential environmental justice issues as early as possible in project planning.

How Can Businesses Prepare for Environmental Justice Review?

Businesses planning projects in or near overburdened communities should evaluate environmental justice requirements as early as possible. Identifying whether the law applies before purchasing property, designing a facility, or submitting permit applications can reduce delays and improve project planning.

Helpful preparation steps include:

Determine Whether the Property Is in an Overburdened Community

Developers should review NJDEP’s environmental justice mapping tools to determine whether the project is located within a designated overburdened community.

Identify Applicable Permits

Not every permit triggers environmental justice review. Understanding which NJDEP permits are required can help determine whether the Environmental Justice Law applies.

Begin Environmental Studies Early

Early evaluation of issues such as:

    • Air emissions
    • Traffic impacts
    • Noise
    • Stormwater management
    • Odors
    • Existing environmental conditions

can help prepare a more complete Environmental Justice Impact Statement (EJIS).

Develop a Community Engagement Strategy

Public participation is a central component of the Environmental Justice Law. Providing clear information, responding to community questions, and addressing concerns early may improve the overall permitting process.

Coordinate Technical and Legal Professionals

Many projects benefit from collaboration among:

    • Environmental consultants
    • Engineers
    • Air quality specialists
    • Traffic engineers
    • Land use professionals
    • Environmental attorneys

Working together early can help identify issues before formal agency review begins.

How Does the Environmental Justice Law Affect Redevelopment Projects?

Redevelopment projects may also be affected if they involve covered facilities and require permits subject to the Environmental Justice Law. The law does not prohibit redevelopment, but it may add additional review requirements, documentation, and public participation obligations.

Developers should consider:

  • Existing environmental conditions
  • Prior industrial uses
  • Site remediation requirements
  • Community concerns
  • Project design
  • Facility operations
  • Permit timelines

Factoring environmental justice requirements into project schedules can help reduce unexpected permitting delays.

What Are Common Misconceptions About New Jersey’s Environmental Justice Law?

Many businesses misunderstand how the Environmental Justice Law operates. Knowing what the law does—and does not do—can help applicants prepare realistic development strategies.

Misconception: No industrial projects can be built in overburdened communities.

Reality: The law does not create a blanket prohibition on development. Instead, it establishes additional review requirements for certain covered facilities and gives NJDEP broader authority when evaluating specific permit applications.

 

Misconception: Every business is subject to the Environmental Justice Law.

Reality: The law applies only to certain facility types, permits, and locations identified by statute and regulation.

 

Misconception: Public hearings are merely procedural.

Reality: Community comments become part of the administrative record and are considered by NJDEP during its permit review.

 

Misconception: Environmental justice only concerns air pollution.

Reality: Reviews may consider multiple factors, including cumulative environmental and public health impacts, traffic, noise, odors, and other environmental conditions.

Practical Example: Expanding an Industrial Recycling Facility

A recycling company plans to expand an existing facility located within a designated overburdened community in New Jersey.

Before submitting its permit application, the company:

  • Determines that the Environmental Justice Law applies.
  • Retains environmental consultants to prepare an Environmental Justice Impact Statement.
  • Evaluates air emissions, truck traffic, noise, and odor impacts.
  • Holds the required public hearing and accepts community comments.
  • Revises portions of the project to include additional mitigation measures.

By addressing environmental justice requirements early, the company is better prepared for NJDEP’s review and reduces the likelihood of avoidable permitting delays.

Key Takeaways

  • New Jersey’s Environmental Justice Law applies to certain facilities seeking specific permits in designated overburdened communities.
  • Covered applicants generally must prepare an Environmental Justice Impact Statement and conduct a public hearing.
  • NJDEP evaluates cumulative environmental and public health impacts, not just the effects of the proposed project.
  • Environmental justice requirements should be incorporated into project planning as early as possible.
  • Community engagement and comprehensive environmental studies can improve the permitting process.
  • Early coordination among consultants, engineers, and legal counsel can help identify and address potential issues before permit applications are submitted.

When Should You Contact an Attorney?

Businesses, developers, and property owners should consider consulting an environmental attorney whenever a proposed project may be subject to New Jersey’s Environmental Justice Law. Legal guidance can help determine whether the law applies, coordinate permitting strategies, review Environmental Justice Impact Statements, and address issues that arise during public participation or NJDEP review.

An environmental attorney may be helpful when:

  • A project is located in an overburdened community.
  • An Environmental Justice Impact Statement is required.
  • NJDEP requests additional information.
  • Community concerns affect the permitting process.
  • A permit denial or restrictive permit conditions are possible.
  • A redevelopment project involves environmental justice review.
  • Multiple environmental permits must be coordinated.

Early legal planning can help businesses navigate a complex permitting process while reducing unnecessary delays and regulatory uncertainty.

Environmental justice reviews have become an increasingly important part of industrial permitting in New Jersey. The Law Office of Alan S. Ashkinaze advises developers, manufacturers, recycling companies, commercial property owners, and industrial businesses on Environmental Justice Law compliance, NJDEP permitting, environmental due diligence, redevelopment, and regulatory enforcement. Contact The Law Office of Alan S. Ashkinaze to discuss how environmental justice requirements may affect your proposed project.