By Stuart Lieberman | Published April 3, 2023 | Posted in Land Use Regulation Program (LURP) | Tagged Tags: Hamilton Township Planning Board, land use, Save Hamilton Open Space and North Crosswicks Friends of Open Space | Comments Off on Court Reverses Hamilton Planning Board Decision Because Alternates Were Improperly Permitted to Cast Votes
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New Jersey Department of Environmental Protection (NJDEP)
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⟩ Court Reverses Hamilton Planning Board Decision Because Alternates Were Improperly Permitted to Cast Votes
In New Jersey, our planning boards and land use boards all consist of regular members as well as alternate members. Alternate members are those members who participate when there is an absence or disqualification of a regular board member. Pursuant to NJSA 40: 55-D23 the question arises, when there is an open position on a Read More
Read MoreDCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls
By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In response, and over the objections of the League of Municipalities and New Jersey Planning Officials, the Legislature amended the Municipal Land Use Law (MLUL) Read More
Read MoreMiddlesex County Water Contamination
On October 22, 2021, Middlesex Water Company sent a notice to all residents whose homes were supplied by Middlesex Water Company’s Park Avenue Treatment Plant in South Plainfield. Residences in parts of Edison, Metuchen, South Plainfield, and Woodbridge received this notice. Middlesex Water tested their groundwater and found that it contained levels of Perfluorooctanoic Acid Read More
Read MoreHolding Polluters Accountable in New Jersey
The acting Attorney General of New Jersey, Andrew J. Bruck, and the New Jersey Department of Environmental Protection Commissioner, Shawn M. LaTourette, announced seven new environmental enforcement actions were filed in New Jersey. These lawsuits are conducive to the Murphy Administration’s movement to bring environmental justice to all communities of New Jersey, specifically overburdened communities. Read More
Read MoreHolding Polluters Accountable in New Jersey
The acting Attorney General of New Jersey, Andrew J. Bruck, and the New Jersey Department of Environmental Protection Commissioner, Shawn M. LaTourette, announced seven new environmental enforcement actions were filed in New Jersey.These lawsuits are conducive to the Murphy Administration’s movement to bring environmental justice to all communities of New Jersey, specifically overburdened communities. Pollution Read More
Read MoreGovernor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions
New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of Environmental Protection proposed its strongest set of greenhouse gas regulations to date under the state’s climate change initiative, NJ PACT: New Jersey Protecting Against Climate Read More
Read MoreNJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately
On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed by Governor Murphy in September 2020, cannot yet be fully implemented, this Administrative Order applies environmental justice requirements while we wait for the DEP to Read More
Read MoreAppeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery
For years many New Jersey lawyers understood that the mere storage of petroleum was not an abnormally dangerous activity. That is an important concept because those who engage in abnormally dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More
Read MoreEnvironmental Hearing Requests by Third Parties: An Update
In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third Read More
Read MoreDEP to pursue cleanup of Lower Hackensack River
Last week, New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced that the DEP will pursue the cleanup of the Lower Hackensack River as a federal Superfund site. This means that, if the designation request is accepted, the DEP will be working with the federal Environmental Protection Agency (EPA) to develop a Read More
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