order has been rescinded by Order No. 9 (Whitman).
State of New Jersey faces significant threats to its water, air
and earth from pollution; and
those threats and ensuring a high quality of life for all New Jerseyans
would be furthered by the creation of a system of coordinated, coherent
and effective criminal, civil and administrative enforcement, including
swift and sure criminal and/or civil and/or administrative enforcement
in matters involving either a chronic environmental offender or
a situation which poses a serious threat to public health or to
the environment (hereinafter "priority cases"); and
coordinated enforcement policy and effective criminal and/or civil
and/or administrative prosecution of priority cases would best be
achieved by creation of the position of Environmental Prosecutor
with centralized responsibility to achieve a coordinated enforcement
policy and to oversee the prosecution of enforcement actions in
I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and Statutes of
the State of New Jersey, do hereby ORDER and DIRECT:
1. The position
of Environmental Prosecutor is hereby created in the Department
of Law and Public Safety with the rank of Assistant Attorney General.
The Environmental Prosecutor shall be appointed by and serve at
the pleasure of the Governor, and shall serve under the supervision
and direction of the Attorney General.
2. The Environmental
Prosecutor shall have access to the support and resources of the
Department of Law and Public Safety including, without limitation,
such clerical and support staff as may be necessary to discharge
his or her responsibilities, access to the Environmental Prosecution
Unit within the Division of Criminal Justice and access to the
Environmental Section of the Division of Law.
3. The Environmental
Prosecutor shall establish a coordinated enforcement policy and
shall oversee the prosecution of enforcement actions in priority
of these responsibilities, the Environmental Prosecutor shall,
under the supervision of the Attorney General as aforesaid, have
the following powers and obligations:
Environmental Prosecutor shall have access to all information
concerning environmental enforcement which is in the possession
of all State agencies. Such information will include agency
inspection reports and license information, individual case
files, and intelligence information such as that compiled and
maintained by the Divisions of State Police and Criminal Justice.
Environmental Prosecutor shall meet on a regular basis with
representatives of all State departments and agencies with environmental
enforcement responsibilities: (i) to identify individual matters
as priority cases; (ii) to set specific goals and strategies
for the most effective resolution of each such case, whether
by criminal or civil or administrative enforcement action of
some combination thereof; and (iii) to formulate and evaluate
proposals for legislative, administrative and/or judicial initiatives
to strengthen environmental enforcement and to further a coordinated
Environmental Prosecutor shall oversee the processing, progress
and prosecution of individual priority cases. He or she shall
work with Directors of the Division of Law and Criminal Justice
when such matters are receiving, or should receive, the attention
of the Attorney General. He or she shall also work through the
heads of other departments and agencies to oversee administrative
enforcement activities in priority cases which do not involve
direct Attorney General attention.
connection with environmental enforcement activities, the Environmental
Prosecutor shall act as the liaison for the Executive Branch
of government with agencies involved in environmental enforcement
outside the Executive Branch including federal agencies and
the judiciary. In this connection, an initiative currently being
developed for the judiciary would, if adopted, create a chronic
environmental offender program. Among other things, the program
would involve the assignment of a judge to review pending cases
in an effort to insure that egregious matters are moved and
disposed of with dispatch. The Environmental Prosecutor would
coordinate and link his or her activities with the overseer
of any such judicial initiative.
4. All departments
and agencies of State government with environmental enforcement
responsibilities are hereby directed to cooperate with and to
support fully the Environmental Prosecutor in the discharge of
his of her responsibilities and obligations.
5. The Environmental
Prosecutor shall report to the Governor and to the Attorney General
after six (6) months of service, and at reasonable and appropriate
intervals thereafter, as to the progress of his or her work and
as to whether any further administrative and/or legislative action
would be desirable to assist in the discharge of his or her duties.
Order shall take effect immediately.
under my hand and seal
this 24th day of January in the Year
of Our Lord, one thousand nine
hundred and ninety, and of the
Independence of the United States,
the two hundred and fourteenth.
James J. Florio
/s/ John A.
Counsel to the Governor