New Jersey Ramps Up Environmental Justice with Multiple Legal Victories and New Enforcement Actions

Attorney General and DEP Commissioner Announce Resolution of Two Environmental Lawsuits and the Filing of Six New Enforcement Actions, Including Four in Environmental Justice Communities

NEW JERSEY – In a significant development for environmental justice in New Jersey, Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette have announced the resolution of two major environmental lawsuits and the initiation of six new enforcement actions.

The announcement highlighted the closure of one environmental justice lawsuit through settlement and a critical court victory where a corporate owner was held personally liable for contamination issues. 

Additionally, the state has launched six new lawsuits to enforce stringent environmental laws. Four of these lawsuits focus on underserved communities under New Jersey's Environmental Justice Law—areas predominantly inhabited by low-income, minority, and limited English proficiency populations.

This latest legal action brings the total to 68 environmental justice cases filed by the Attorney General and DEP since 2018. An interactive map and further details about these enforcement actions are accessible through a new online resource on New Jersey’s environmental justice webpage.

Settlement with McWane Ductile, Phillipsburg: 

Following complaints regarding air quality, an investigation revealed over 20 violations at the McWane Ductile facility, which reshapes scrap metal into iron pipes. The settlement requires McWane to implement crucial equipment upgrades to mitigate odors and particulate emissions, alongside a financial penalty of $177,082 for the infractions identified in 2021.

Court Order Against Property Owner, Newark: 

In a landmark decision, the Superior Court has pierced the corporate veil, holding Irfan Hassan personally responsible for his companies’ failure to address gasoline contamination at a Newark gas station. This ruling mandates remediation of the site to safeguard public health and the environment, marking a significant victory in the state’s efforts against non-compliant corporate entities.

Highlighted New Lawsuits:

• Wilenta Feed, Secaucus: Accused of violating a judicial consent order by improperly handling food waste, thus risking local water sources.
• Gas Mart, Jersey City: Facing legal action to enforce cleanup of soil and groundwater contamination dating back to 2007.
• PC Shell, Voorhees: Alleged to have neglected essential maintenance on underground storage tanks, posing a risk of gasoline leaks.
• FM Equities, Pennsauken: Required to remediate contamination from previous industrial operations at a purchased site.

The Attorney General and Commissioner call for public participation in identifying and reporting potential environmental violations, particularly in overburdened communities. Residents can report concerns via the WARN DEP app, the hotline at 1-800-WARN-DEP, or by emailing environmentaljustice@dep.nj.gov.

The outcomes of these cases and ongoing efforts demonstrate New Jersey's proactive stance in safeguarding its environment and public health, ensuring a safer, cleaner future for all its communities.