Mercer Times

New Jersey Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette have announced the filing of four lawsuits and one settlement to enforce environmental laws in communities deemed overburdened under New Jersey's Environmental Justice Law. These areas are characterized by significant low-income, minority, and/or limited English proficiency populations.

Attorney General Platkin emphasized the importance of environmental justice, stating, "Environmental justice means ensuring that no community, regardless of race or income, bears the brunt of contamination and pollution while others enjoy the benefits that come from living in healthy neighborhoods." He added that his office would use every legal tool available to hold accountable those who have harmed vulnerable communities.

Commissioner LaTourette echoed this commitment: "Today’s enforcement actions embody DEP’s steadfast commitment to hold accountable those who have created or contributed to environmental injustice."

The cases involve current or former gas stations and automotive facilities. Since 2018, 72 environmental justice cases or actions have been filed by the Attorney General and DEP.

One settlement involves a 2020 lawsuit over gasoline and waste oil contamination at a site in Orange. The current property owner, AEN Urban Renewal, LLC, has agreed to remediate the site and pay a $40,000 penalty.

In Irvington, AB Trading Enterprises and 959-961 Clinton Avenue Associates face a lawsuit for failing to comply with a 2019 administrative consent order (ACO) regarding hazardous substances at their gas station site. Despite previous orders from DEP to remediate contamination, compliance has not been achieved.

Hawk’s Auto in Trenton is being sued for non-compliance with two final DEP orders related to solid waste removal and stormwater management violations. Owner Brian Hawkins Sr., along with Sharlin Properties LLC as landlord, faces penalties for these infractions.

A Newark gas station's former owner Frank E. Lach is among defendants in another case involving gasoline contamination discovered as far back as 1990. The state seeks remediation of the property alongside penalties for continued violations.

Lastly, Rivers Edge Mall Inc., based in Long Branch, is sued for not addressing soil and groundwater contamination at its former gas station site since issues were first reported in 1999.

These enforcement actions are managed by the Environmental Enforcement and Environmental Justice Section within the Division of Law’s Affirmative Civil Enforcement Practice Group. The public is encouraged to report any suspected environmental violations through various channels provided by the authorities.