Dear New Jersey Department of Environmental Protection,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

Records requested:

Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I hereby request access to and copies of all records in the possession, custody, or control of the New Jersey Department of Environmental Protection relating to federal rail jurisdiction or Surface Transportation Board (STB) exemption determinations concerning rail infrastructure or operations in Kearny, New Jersey.

This request specifically seeks records referencing or relying upon federal rail jurisdiction, Surface Transportation Board authority, or STB exemption determinations, including but not limited to New Jersey Rail Carrier LLC, Columbia Terminals, Amcol Realty, Havenick Associates LP, or SKT Group LLC, in connection with rail infrastructure, rail access, rail operations, or industrial site use.

To ensure specificity, the request is limited to the following categories of records:

1. Federal Rail Jurisdiction / Preemption Determinations
Any memoranda, correspondence, notes, emails, or internal guidance referencing federal rail jurisdiction, STB authority, or federal preemption as a basis for declining, limiting, or modifying NJDEP regulatory oversight.

2. Environmental Review or Screening Materials
Any environmental screening documents, categorical exclusion analyses, internal checklists, or evaluations addressing whether rail activity or rail access associated with the above-named entities required NJDEP review, permitting, or enforcement.

3. Inter-Agency Correspondence
Any communications between NJDEP and:

* The Surface Transportation Board
* The U.S. Department of Transportation
* The Federal Railroad Administration
* The New Jersey Department of Transportation
that reference rail jurisdiction, rail exemptions, or the above-named entities.

4. Site-Specific Records
Any files, notes, GIS materials, maps, aerials, or site records referencing rail spurs, sidings, right-of-way access, or rail-served industrial activity associated with the above-named entities in or around Kearny, New Jersey.

5. Enforcement, Deferral, or File Closure Records
Any records reflecting decisions to defer enforcement, close files, issue “no further action” determinations, or otherwise refrain from regulatory action based in whole or in part on federal rail jurisdiction or STB authority.

Timeframe: January 1, 2003 through December 31, 2006
Format Requested: Electronic (PDF or native electronic format preferred)

If responsive records are withheld, please identify the statutory basis for withholding and provide a description sufficient to evaluate the applicability of the claimed exemption. If this request is denied in whole or in part, please provide written notice of the reasons for denial and the procedure for appeal.

Please confirm receipt of this request and advise of any required clarification before denying any portion as insufficiently specific.

Thank you for your assistance.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Marc Cooperman