Client Alert Newsletter

NJ Enacts Climate Law; NJDEP Evaluates Greenhouse Gas Measures

In June, New Jersey enacted the Global Warming Response Act ("Act"), providing statutory authority for Governor Corzine's earlier Executive Order No. 54 ("EO 54") on climate change. Both the statute and EO 54 call for New Jersey greenhouse gas emissions to be reduced to 1990 levels by 2020, and to 80% below 2006 levels by 2050. Both also direct the New Jersey Department of Environmental Protection ("NJDEP") and other state agencies to evaluate greenhouse gas reduction measures and make recommendations on achieving the reduction targets. EO 54 set a six-month deadline for NJDEP's recommendations, which NJDEP intends to issue this fall. The Act, however, grants NJDEP until June 30, 2008, and June 30, 2010, respectively, to issue reports on achieving the 2020 and 2050 levels. Both EO 54 and the Act also require NJDEP to develop an inventory of 1990 greenhouse gas emissions and a program to inventory these emissions from 2006 forward, with the Act requiring emission inventory and monitoring rules by January 1, 2009.