NJ AG and DEP Amend Lawsuit Against EMR Advanced Recycling

AG: New Jersey News

Filed March 19th, 2026

Detected March 20th, 2026

Summary

New Jersey Attorney General Jennifer Davenport and the Department of Environmental Protection (DEP) have amended their January 2026 lawsuit against EMR Advanced Recycling. The amendment adds allegations related to several additional fires that occurred at EMR's facilities and on a company-owned barge in recent weeks, citing ongoing public health and safety risks.

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What changed

The State of New Jersey, through the Attorney General's office and the Department of Environmental Protection, has amended its existing lawsuit against EMR Advanced Recycling. The amended complaint specifically incorporates allegations stemming from at least two new fires: one on February 26, 2026, at EMR's shredder facility, and another on March 10, 2026, involving scrap metal on fire aboard an EMR-owned barge in the Delaware Bay. These additions aim to hold EMR accountable for recurring fires that have plagued its facilities and endangered public health and safety, particularly in Camden.

This amendment signifies an escalation in the legal action, emphasizing the continued nature of the alleged violations. EMR Advanced Recycling must now address these new incidents within the existing legal framework. The State is seeking to prove its case in court to halt the alleged hazardous conduct. Regulated entities, particularly those in the scrap metal recycling industry, should note the aggressive enforcement stance taken by New Jersey authorities in response to environmental hazards and public nuisance claims, especially when fires and pollution impact communities.

What to do next

Review the amended complaint for specific allegations and potential impacts on operations.
Assess current fire prevention and safety protocols for compliance with environmental regulations.
Consult with legal counsel regarding potential liabilities and operational adjustments.

Source document (simplified)

AG Davenport, DEP Amend Suit Against Major Scrap Metal Recycler After Additional Fires

Camden Residents Living Near EMR Continue to be Plagued by Fires

For Immediate Release: March 19, 2026

Office of the Attorney General
– Jennifer Davenport, Attorney General
NJ Department of Environmental Protection
– Ed Potosnak, Acting Commissioner Division of Law – Michael C. Walters, Director

For Further Information:

Media Inquiries-
Allison Inserro
OAGpress@njoag.gov
Larry Hajna, (DEP)
Larry.Hajna@dep.nj.gov

Amended Complaint

TRENTON – Attorney General Jennifer Davenport and the Department of Environmental Protection (DEP) announced today that the January 2026 lawsuit filed against scrap metal recycler EMR Advanced Recycling has been amended to hold EMR accountable for several additional fires that have occurred in recent weeks.

“Shame on EMR. For years, fires at their facilities have endangered public health and public safety. Those fires continue to this day, with multiple new blazes reported in the last few weeks alone,” said Attorney General Davenport. “Together with our partners in the Department of Environmental Protection, we are committed to holding EMR accountable and protecting the public from these recurring fires. We look forward to proving our case against EMR in court and putting a stop to this outrageous conduct once and for all.”

“Camden residents should not have to live under the ongoing threat of fires that impact their quality of life and pose public health and safety risks ,” said DEP Acting Commissioner Ed Potosnak. “Together with Attorney General Davenport and her team, the DEP will work to ensure that EMR is held accountable for its continued failure to prevent these fires from occurring.”

The State amended the complaint to include reports of another fire at the shredder facility on February 26, 2026, as well as reports of scrap metal on fire aboard an EMR-owned barge traveling in the Delaware Bay on March 10, 2026. The barge was transporting scrap metal from EMR’s Bayonne facility to EMR’s Camden facilities.

** EMR has a long history of fires at its facilities across the state, dating back to 2020. The fires have filled nearby streets with smoke and air pollution, creating an ongoing public nuisance that has severely harmed the health and well-being of Camden’s residents.

EMR owns and operates metal recycling facilities that collect, process, and recycle scrap metal. It has facilities in the Camden Waterfront South neighborhood, which is an area characterized as an overburdened community under New Jersey’s Environmental Justice Law. These communities have significant low-income, minority, and/or limited English proficiency populations.