The War On Property Owners Refusal To Execute Easements For Sand Dunes Are Heating Up Down The Shore

Several municipalities located along the Jersey Shore are putting pressure on various property owners to grant easements to permit dunes to be constructed on their properties.  By way of example, Long Beach has publically posted names of several homeowners who they believe have inappropriately refused to execute the easements.  Toms River has expressed the fact [...]

The State House Commission’s 60th Anniversary May Be Dampened By New Proposed Legislation

The State House Commission of New Jersey is celebrating its 60th anniversary this year.  Two bills making their way through the legislative process will dramatically change the Commission’s jurisdiction concerning Green Acres land dispositions. The Commission’s original mandate by the legislature was to oversee the construction of buildings in the State Capital – the City [...]

Highlands Plan Conformance Guidelines Withstand Challenge

In review of a challenge to municipal petitions for plan conformance under the Highlands Water Protection and Planning Act, the Appellate Division determined that the Highlands Council Water Protection and Planning Council had authority under the Highlands Act to adopt Plan Conformance Guidelines (“PCGs”) as a component of the Highlands Regional Master Plan (“RMP”) to [...]

Court Reaffirms “Reasonable Use Rule”

New Jersey has long followed the “reasonable use rule” in cases where one landowner sues another for diverting or discharging stormwater that allegedly causes flooding.  In the 1956 case of Armstrong v. Francis Corp., the New Jersey Supreme Court held that one owning or occupying land “is legally privileged to make reasonable use of his [...]

First Lawsuit Filed Over Gloucester County Train Derailment

On December 6, 2012, Alice Breeman, individually and as guardian for her children, filed suit against Consolidated Rail Corp., Norfolk Southern Railway Co. and CSX Transportation, Inc. in Breeman et al. v. Consolidated Rail Corp., Docket No. 12-07468 (D.N.J. Dec. 6, 2012).  The lawsuit alleges theories of negligence in response to the freight train derailment [...]

DEP Waives Some Permitting Requirements To Promote Rebuilding After Sandy

The devastation caused by Hurricane Sandy is massive and the loss of lives, homes and belongings is heartbreaking.  The recovery effort will present many practical challenges and legal issues.  Those who seek to reconstruct destroyed or damaged property will likely need to address environmental issues, particularly in the coastal areas.  Department of Environmental Protection (“DEP”) [...]

NJ Appellate Court Invalidates NJDEP Regulations for Exemption From The Industrial Site Recovery Act

On July 6, 2012 the Appellate Division of the New Jersey Superior Court invalidated precise NJDEP Regulations which exempt certain facilities from the Industrial Site Recover Act (ISRA). In De Champs Laboratories, Inc. v. Martin, Docket No. A-3235-10T4 (App. Div. July 6, 2012), the Appellate Division invalidated ISRA Regulations requiring “De Minimis Quantity” applicants to [...]

Appellate Division Rejects Effort To Narrow Newark Bay Complex Litigation

The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull.  The Department of [...]

Clean Bill Of Health, Without The Clean

Under the old framework at NJDEP, a responsible party would typically petition NJDEP for a “No Further Action Letter” (NFA).  As custom would have it, purchasers and lenders in real estate transactions would request an NFA confirming the obvious – that is—that, literally, no further action is required because the property has been remediated to [...]

Submerged Aquatic Vegetation: Navigating NJDEP Waterfront Development Permit Process Difficult for Applicants

Applicants seeking approval from NJDEP for waterfront structures such as recreational docks and piers often face the challenge of satisfying NJDEP’s Submerged Vegetation rule. The rule applies where submerged aquatic vegetation (SAV) exists or where water areas are mapped as SAV habitat. Under the SAV rule, boats must be moored at four feet depth of [...]

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