From the law firm of Cullen and Dykman

ENVIRONMENTAL LAW UPDATE – October, 2019 

Governor Murphy Establishes Statewide Climate Change Resilience Program

On October 29, 2019, New Jersey Governor Phil Murphy signed Executive Order 89 establishing a Statewide Climate Change Resilience Strategy. The Executive Order establishes a “Climate and Flood Resilience Program” within the New Jersey Department of Environmental Protection, and directs DEP to deliver a Scientific Report on climate change within six months of the Order’s effective date.

The Report is to address current and anticipated environmental effects of climate change, including but not limited to increased temperatures and sea-level rise, increased frequency or severity of storms, rainfall, and flooding and increased frequency and severity of forest fires and droughts through at least the year 2050. The Order also establishes a Chief Resilience Officer within DEP, to be appointed by the Commissioner.              

Finally, the Order establishes an “Interagency Council on Climate Resilience” to include representatives from 16 state agencies. The Council, together with DEP’s Chief Resilience Officer, is charged with delivering a Statewide Climate Change Resilience Strategy to the Governor by September 1, 2020. The Strategy is to include a coastal resilience plan that recommends a specific long-term strategy for resilience and adaptation in the coastal areas of the state.              

It is likely that the Climate Change Resilience Strategy, once it is complete, will have significant implications for land use development practices and patterns throughout the State. Property owners, the development community and local government should, therefore, keep track of its progress.         

The Executive Order can be viewed in its entirety at: https://nj.gov/infobank/eo/056murphy/pdf/EO-89.pdf