Briefings
What changed in environmental, land-use and permitting rules for development in New Jersey, New York, Connecticut and Pennsylvania: what happened, who is affected and the next date that matters.
- MediumNew Jersey
New Jersey holds October 15 hearings on a tighter power plant carbon cap from 2027
A pending state proposal would align New Jersey’s carbon allowance program with the regional model rule from January 2027; comments close November 7, and a separate hearing addresses allowance prices and bills.
- LowNew Jersey
Delaware River basin proposal would make New Jersey water suppliers report their largest customers' use
A Delaware River Basin Commission proposal, not yet in force, would require public water suppliers in four states to report monthly use by customers taking 50,000 gallons a day or more.
- LowHudson County, NJ
New Jersey Meadowlands authority sets October 20 hearing on changes to Kearny redevelopment zoning
The Sports and Exposition Authority will take comment on October 20, 2026 on amendments to the Kearny Area Redevelopment Plan, which governs about 445 acres of industrial, retail and landfill land. The draft does not mark what is new. The written comment deadline was not readable.
- MediumNew Jersey
New Jersey Pinelands towns ban data centers as state commission lets eleven local bans take effect
By the end of September 2026, the Pinelands Commission had cleared data center bans in eleven towns and a moratorium in a twelfth, with more ordinances awaiting review.
- HighNew Jersey
New Jersey large new loads could be curtailed first in emergencies from June 2027 under filing
On September 29, 2026 FERC accepted the regional grid operator's one-time capacity backstop but suspended it to February 28, 2027 for a paper hearing. A separate service that would curtail new large loads first, starting June 1, 2027, awaits a ruling PJM has asked for by October 12.
- MediumNew Jersey
New Jersey governor announces a permit “shot clock” for housing projects, with details still to come
The September 29 plan promises a permit shot clock and a doubling of housing production on State-owned land from 20,000 to 40,000 homes, but the announcement does not say which permits or how many days.
- MediumUnion County, NJ
New Jersey appeals court bars Elizabeth from ending a mixed-use project's tax exemption by ordinance
An unpublished ruling holds that Elizabeth's repeal of three tax-exemption agreements for a mixed-use redevelopment project impaired the developer's contracts, and sends the remaining disputes to arbitration.
- MediumNew Jersey
New Jersey weighs up to 129 Opportunity Zone tracts, with housing a priority, by October 28
New Jersey will nominate new federal Opportunity Zones by an extended October 28 deadline, ranking tracts partly on housing capacity; designations would run from January 1, 2027, through 2036.
- LowHudson County, NJ
New Jersey governor vetoes bill letting Jersey City use open space trust money for its budget
On September 28, 2026 the Governor vetoed S-4513, which would have let Jersey City, the only municipality that qualified, move voter-approved open space, recreation, floodplain protection, farmland and historic preservation money into its budget for fiscal year 2027. The trust fund stays restricted.
- MediumNew Jersey
New Jersey ends site plan and variance review for electric vehicle chargers at existing buildings
A law approved September 28, 2026 makes approval of EV charging equipment at existing service stations, retail sites and buildings a non-discretionary permit, limits local review to specific safety impacts, and reaches pending applications. It took effect immediately; the chapter text could not be read.
- MediumMiddlesex County, NJ
New Jersey weighs diesel generator permit for South Brunswick data center; comments now due November 9
A draft state air permit for twelve emergency diesel generators at a data center under construction on Route 1 drew a crowded hearing, a neighboring town's objection and a longer comment period.
- HighCumberland County, NJ
New Jersey fines Vineland data center $1.07 million for running 62 unpermitted gas generators
The state's largest penalty against a data center gives the developer 45 days to obtain air permits or stop running the generators, a warning for projects using on-site bridge power.
- HighNew JerseyFree to read
New Jersey adopts one-year extension letting complete applications use its older land-use rules until July 2027
Applications the state declares administratively and technically complete before July 20, 2027 will be reviewed under the pre-2026 land-use rules rather than the climate-adjusted flood standards.
- LowHudson County, NJ
New Jersey's Hudson River waterfront projects need a state permit, a public walkway and flood review
Local redevelopment approvals along the Hudson do not settle the state waterfront permit, which carries a permanent public walkway obligation and, unless an application qualifies for legacy review, the climate-adjusted flood standards.
- MediumNew Jersey
New Jersey proposes lower renewable energy purchase targets for 2026 through 2029, comments due November 20
A proposal would cut the Class I renewable energy percentage that electricity suppliers must buy for each energy year from 2026 to 2029, which could lower demand and prices for Class I certificates. It is not in force. Comments close November 20, 2026; the notice lists no hearing.
- MediumNew Jersey
New Jersey Highlands panel seeks comment by November 18 on possible land and water plan changes
Recommendations on water use, sewer and water extensions, impervious cover and historic review could lead to amendments to the regional plan governing development in the Highlands.
- MediumNew Jersey
New Jersey seeks comment by October 16 on new state approval of utility transmission upgrades
Under a law signed July 7, 2026, utilities must obtain a Board of Public Utilities certificate for supplemental transmission projects. The Board's September 2026 notice asks for information by 5 p.m. on October 16, 2026, and rules are due about 270 days after enactment.
- HighNew Jersey
Federal proposal would regulate only streams and wetlands with water all year; comments close October 9
A supplemental federal proposal would narrow which waters need Army Corps permits in New Jersey, New York, Connecticut and Pennsylvania to those holding water every day in ordinary conditions; current rules apply meanwhile.
- MediumNew Jersey
New Jersey opens 300-megawatt community solar block for 5-to-20-megawatt projects on rooftops, landfills and contaminated sites
A September 9, 2026 BPU order implementing a new law lets community solar projects up to 20 MW register through December 31, 2028, sets a 33-month build window and defers escrow forfeiture. Eligible sites are limited to rooftops, landfills, contaminated sites and mining sites.
- MediumSalem County, NJ
New Jersey regulators will hear utility's 500-megawatt Salem County battery plan once its filing is complete
The state utility board named a presiding commissioner for Atlantic City Electric's request to own a 500-megawatt battery plant and recover its cost from customers, after staff found the petition incomplete.
- HighNew Jersey
Federal: Appeals court voids New Jersey water certification for Raritan Bay gas pipeline expansion
The Third Circuit sent the Northeast Supply Enhancement certification back to New Jersey regulators, holding that monitoring plans needing only “review” and unexplained contaminant findings could not support it.
- HighNew Jersey
New Jersey proposes revised grid battery storage incentive rules and holds back rules for distributed storage
The notice describes how security, delay damages and incentive payments would work for large grid-scale storage projects, while rules for distributed storage await alignment with the virtual power plant program.
- MediumNew Jersey
Federal: Highway, transit and rail agencies finalize new environmental review rules, in force September 1, 2026
The Federal Highway, Transit and Railroad administrations made their post-CEQ review rules final on September 1, 2026. They govern highway, transit and rail projects in all four states. Exclusion cost thresholds rise to $6 million and $35 million.
- LowNew Jersey
New Jersey bars landlords, associations and towns from banning small plug-in solar panels from March 2027
A new law exempts plug-in solar devices of up to 1,200 watts from utility interconnection and local permits, and voids lease and association rules that prohibit them.
- MediumNew Jersey
New Jersey law gives towns that zone for more housing an edge for state grants
A law signed August 27, 2026, rewards towns that allow accessory units, duplexes, less parking or housing near transit with preference for state grants, road money and school construction aid.
- MediumNew Jersey
New Jersey halves AI data center tax credits and closes the program to new applicants
A new law cuts the state's artificial intelligence and data center credit pool from $500 million to $250 million; the state says the remaining credits are fully allocated.
- HighNew Jersey
New Jersey sets path for data center electric tariffs requiring 10-year payment guarantees and twice-yearly reporting
Two 2026 laws reach New Jersey data centers: a July 7 tariff law with an 85 percent, 10-year payment guarantee and priority curtailment, and an August 27 law requiring semiannual energy and water reports to the BPU. Board standards are due within 12 months of July 7.
- MediumNew Jersey
New Jersey tells towns how to negotiate data center benefit deals and property tax breaks
State guidance lists what towns should cover in community benefits agreements with data center developers, restates labor rules for data center construction, and urges caution on long-term tax exemptions.
- MediumNew Jersey
Federal: Appeals court upholds Superfund listing of two PFAS chemicals; buyers of contaminated sites affected
The D.C. Circuit's August 18, 2026 decision denied the petitions for review, leaving PFOA and PFOS designated as hazardous substances under the federal cleanup law, with release reporting at one pound. It applies to acquisitions and redevelopments in NJ, NY, CT and PA; the court points to the statute's existing liability limits.
- MediumNew Jersey
New Jersey adopts 2024 construction codes, leaving six months to file under the old ones
New building, energy, electrical and plumbing codes took effect August 17, 2026; complete permit applications may use the prior codes during a six-month grace period reported to end February 17, 2027.
- MediumNew Jersey
New Jersey awards 16 farm-solar projects totaling 52 megawatts with farmland, soil and wetlands conditions
On August 12, 2026 the Board of Public Utilities conditionally approved 16 dual-use solar projects in eight counties and denied one on wetlands grounds. Awardees face 30- and 90-day filing deadlines, a state permitting meeting, and 15 years of annual farm reporting.
- MediumNew Jersey
Federal: Court returns Atlantic Shores offshore wind approval to federal agency, leaving it in force
A federal court has returned the New Jersey project's construction and operations plan approval to the federal ocean energy bureau for reconsideration without vacating it. A joint status report is due October 9, 2026, then every 60 days.
- MediumOcean County, NJ
New Jersey high court lets towns condemn land without naming the public use in the ordinance
A divided Supreme Court held that a town may name the intended use later, in its condemnation complaint, weeks after ruling that an open-space taking in Jackson was pretextual.
- MediumNew Jersey
New Jersey court approval fixes cleanup funding rules at four former DuPont chemical plants
A federal judge approved New Jersey's PFAS settlement with DuPont, Chemours and Corteva, starting the clock on cleanup financial assurance at Chambers Works, Parlin, Pompton Lakes and Repauno.
- LowNew Jersey
New Jersey will require property sellers to disclose dams before buyers sign contracts
A law approved August 6, 2026, adds dam questions to the seller disclosure form; it applies to sales from the 90th day after the state publishes the revised form.
- MediumNew Jersey
New Jersey Supreme Court agrees to review the state's environmental justice permit rules
The Court granted review in July 2026 of the rules that can require denial of permits for new facilities in overburdened communities. The Appellate Division upheld them on January 5, 2026. No stay of the rules was reported; the questions include facilities next to such communities and what counts as a new facility.
- MediumNew Jersey
New Jersey appeals court upholds Pinelands limits on aquifer water diversions; ruling not approved for publication
On July 15, 2026 the Appellate Division affirmed the Pinelands Commission's amendments to its water management rule, which set a 50,000 gallon-per-day diversion threshold. The opinion is not for publication, and Commission staff have asked that it be published. A data center application in Monroe Township is also before the Commission.
- MediumNew Jersey
New Jersey's top court will review environmental justice permit rules, which remain in force meanwhile
The appeal tests how the rules reach facilities next to overburdened communities and which operations count as new facilities that can be denied permits.
- MediumNew Jersey
New Jersey must invite proposals for new nuclear plants by January 9 under new law
The Power NJ Act sets a staged state approval for advanced reactors, paid through certificates electricity suppliers must buy, with no payment until a plant delivers power.
- LowNew Jersey
Federal: HUD proposes dropping the higher flood-elevation standard for assisted housing in floodplains
HUD's July 10, 2026 proposal would restore the 100-year floodplain as the standard for HUD-assisted and insured projects. Comments closed September 8, 2026. FEMA already stopped applying the higher standard to its own funding in March 2025.
- MediumNew Jersey
New Jersey requires state approval of utility-planned transmission lines, with 120- or 180-day review
A law signed July 7, 2026 requires utilities to obtain a Board of Public Utilities certificate before building PJM 'supplemental' lines of 100 kV or more. Review runs 120 or 180 days and the Board may not consider environmental impacts. The certificate requirement starts 90 days after BPU rules or at the 19th month after enactment, whichever is earlier.
- MediumNew Jersey
New Jersey amends coastal permit law so nuclear plant review turns on proposed waste storage
A law approved April 8, 2026 amends the Coastal Area Facility Review Act so that DEP may approve a nuclear generating facility only if it finds the proposed waste storage or disposal method safe and consistent with Nuclear Regulatory Commission standards. It took effect immediately.
- MediumNew Jersey
New Jersey Pinelands: waivers from before 1992 expire January 5, 2027; pre-2004 filing certificates void
Amendments to the Pinelands Comprehensive Management Plan effective January 5, 2026 end old waivers of strict compliance on January 5, 2027, void certificates of filing issued before 2004, and put a five-year life on later ones. They also move the Black Run watershed in Evesham to a more protective area.
- MediumNew Jersey
New Jersey industrial business sales trigger state cleanup duties, with notice due five days after signing
Selling or closing a covered industrial business requires state notice within five days and remediation or a funded remediation certification before transfer, and noncompliance lets the buyer void the deal.
- LowNew Jersey
Building in New Jersey's Highlands Preservation Area faces strict state limits on paving and septic systems
Major development in the Preservation Area needs a state approval under fixed limits on impervious cover, stream buffers and septic density, so applicability and exemptions should be settled before a parcel is valued.