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Environmental Law

In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

New Jersey Eliminates Statutes of Limitation for Environmental Crimes

October 30, 2016

Governor Whitman has signed into law A2667. This bill eliminates statutes of limitation for criminal offenses under several New Jersey environmental laws. Under the new law, prosecution for a criminal offense under the "Solid Waste Management Act," the "Air Pollution Control Act," the "Water Pollution Control Act" and the discharge provisions of the law governing criminal offenses against property may be commenced at any time.

Prior to the enactment of A2667, criminal prosecutions under the "Solid Waste Management Act" and the discharge provisions of the law governing criminal offenses against property were subject to a five-year Statute of Limitations that began to accrue on the date of the discovery of a violation. Similarly, criminal prosecutions brought under the "Air Pollution Control Act" and the "Water Pollution Control Act" were required to be commenced within five years from the commission of the offense. This new law eliminates these time limitations.

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