New Jersey’s landmark environmental justice law and the rules that enforce it are staying on the books, after being upheld by the state’s appellate court. A panel of three judges released a 70-page opinion on Monday which rejected arguments from industrial groups and found the law’s implementing regulations to be constitutional.

The law, which Gov. Phil Murphy signed in 2020, aims to keep pollution out of low-income areas and communities of color by requiring regulators to consider the total pollution a community already faces before approving new industrial projects. The New Jersey Department of Environmental Protection adopted a set of rules in 2023 that guide exactly how the law is enforced.

The New Jersey Chapter of The Institute of Scrap Recycling Industries and the construction advocacy organization ELEC825 appealed the adoption those rules, arguing they were vague and too broad. But the three appellate judges — Judge Heidi Currier, Judge Maritza Berdote Byrne and Judge Jeffrey Jablonski — disagreed and found the DEP’s rules fit within existing case law.

DEP Commissioner Shawn LaTourette applauded the ruling as a major win for the department and the vulnerable communities it serves.

“DEP will proudly continue its work to faithfully implement the EJ Law, listening deeply to the environmental concerns of New Jerseyans, and working with regulated entities to reduce pollution and improve public health, safety, and environmental outcomes,” LaTourette said in a social media post. “Together, we are charting a new course for the future, with a cleaner, healthier, and more just environment at its center.”

Environmental justice advocates echoed that praise.

“Environmental racism has shaped policy and permitting decisions in New Jersey for generations. Neighborhoods like the South Ward and Ironbound of Newark were expected to shoulder the health consequences of constant exposure to toxic emissions,” Leah Owens, the ports and policy analyst for the South Ward Environmental Alliance, said in a statement. “Today’s ruling protects the integrity of a law our communities fought for, and it ensures that residents who have borne the brunt of environmental harm for far too long will finally have the safeguards and accountability they deserve.”

But the New Jersey Business & Industry Association expressed disappointment, and warned the ruling could make New Jersey less attractive for industrial investment.

“The EJ rules have had, and will continue to have, a chilling effect on New Jersey’s business community. They have been in place for more than two years, but only two applications have moved through the process,” Ray Cantor, the NJBIA’s deputy chief government affairs officer, said in a statement. “Without clear standards and timeframes for decisions, a business cannot know what is to be expected or how long the process will take. The result of all of this is regulatory overreach that does not serve the interests of the communities it seeks to protect.”

Energy & Environment

WATCH 7:53

Energy & Environment, Water