No action may be commenced pursuant to this act unless the person seeking to commence such suit shall, at least 30 days prior to the commencement thereof, direct a written notice of such intention by certified mail, to the Attorney General, the Department of Environmental Protection, the governing body of the municipality in which the alleged conduct has, or is likely to occur, and to the intended defendant; provided, however, that if the plaintiff in an action brought in accordance with the "N.J. Court Rules, 1969," can show that immediate and irreparable damage will probably result, the court may waive the foregoing requirement of notice. The provisions of this section shall not apply to actions brought by the State, any political subdivision of the State and any agency or instrumentality of the State or of any political subdivision of the State.
N.J. Stat. Ann. § 2A:35A-11
Notice of intention to commence action; persons to whom sent; waiver; exemptions
Known as the Environmental Rights Act
The act spans §§ 2–2 (14 sections).
Applied in 1 court decision — leading case 240 F. App'x 513 - Player v. Motiva Enters., LLC (2007)
Most recently applied in 240 F. App'x 513 - Player v. Motiva Enters., LLC (July 2007)
L.1974, c. 169, s. 11, eff
Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.