Steven M. Dalton

Steven M. Dalton

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February 06, 2025 | New Jersey Law Journal

The End of Innocence? DEP’s End Run Around ‘All Appropriate Inquiry’ Spill Act Protections

The LSRP Program is hailed as a tremendous success, facilitating faster and more remediations. However, a recent rule proposal by the New Jersey Department of Environmental Protection, with the stated purpose of promoting remediation goals through early notification of contaminants found by persons conducting due diligence for land acquisition, is likely to have the opposite, unintended, effect.

By Steven M. Dalton and Linda M. Lee

10 minute read

July 12, 2004 | New Jersey Law Journal

Recording Act Takes Precedence Over CAFRA

New Jersey Supreme Court rules in favor of property owner in DEP deed restriction dispute.

By Paul H. Schneider, Steven M. Dalton and Michael J. Gross

13 minute read

November 09, 2007 | New Jersey Law Journal

Flood of Proposed DEP Regulations

With a myriad of new regulations, many which impose severe restrictions on development, and with the lack of leadership from any governmental quarter as to where growth can occur, DEP is effectively establishing an administratively imposed ban on any substantial new growth in many areas of the state.

By Andrew B. Robins and Steven M. Dalton

8 minute read

June 12, 2006 | New Jersey Law Journal

DEP Gets Tough

DEP's systematic lack of flexibility and rigid enforcement of deed restriction requirements in response to Island Venture could ultimately have the unintended consequence of discouraging redevelopment and pushing development toward new parcels that are not subject to title restrictions.

By Steven M. Dalton

12 minute read

August 24, 2007 | New Jersey Law Journal

DEP's Settlement Discretion Scrutinized

Leading role in dispute resolution taken by New Jersey Department of Environmental Protection's alternative dispute resolution process could drastically change, depending on the outcome of an anticipated appeal of a recent DEP Commissioner's decision.

By Steven M. Dalton and Michael J. Gross

8 minute read

August 24, 2007 | New Jersey Law Journal

DEP's Settlement Discretion Scrutinized

Leading role in dispute resolution taken by New Jersey Department of Environmental Protection's alternative dispute resolution process could drastically change, depending on the outcome of an anticipated appeal of a recent DEP Commissioner's decision.

By Steven M. Dalton and Michael J. Gross

8 minute read

June 26, 2006 | New Jersey Law Journal

'Ground-Truthing' Needed for Environmentally Sensitive Areas

One of the hallmarks of administrative agencies is the consistent application of rules and standards on the regulated public. The NJDEP has failed to adhere to this principle in applying its recently adopted "mainland coastal centers" rule in the context of development applications for sites that contain habitat mapped as threatened or endangered species habitat under the Landscape Project.

By Steven M. Dalton

11 minute read