By Stuart Lieberman | Published June 23, 2014 | Posted in Appeals, Coastal & Waterfront Development, Condemnation, Wetlands | Tagged Tags: ACOE, Army Corps of Engineers, Jurisdictional Wetlands, Navigable Waters, USACOE, water of the United States | Leave a comment
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Category Archive
Environmental & Natural Resources
NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding
After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More
Read MoreAppellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans
The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More
Read MoreAppellate Division Takes Victory in Wetlands Takings Case from the State
A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More
Read MoreCourt Applies Principles of Penn Central v. New York in Coastal Wetlands Case
In Scot Netherlands, Inc. v. State of New Jersey, the plaintiff owned a 22.87-acre plot of land in Atlantic City that was vacant wetlands except for a rent-producing billboard on the site. In 2007, after owning the property for 30 years, the plaintiff filed an application with New Jersey Department of Environmental Protection (“DEP”) for Read More
Read MoreL&B Reflects on the Legacy of Environmental Activist Jane Tousman
Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she Read More
Read MoreThe Passaic River Coalition’s Work To Protect The Passaic River Basin
In our state, people do not often have to worry about having a clean and reliable water supply for themselves and their family. However, it is the continuing work of local organizations like the Passaic River Coalition (“PRC”) that ensures our water supplies remain viable for future generations. The PRC guards the Passaic River Basin; Read More
Read MoreAppellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements
The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More
Read MoreL&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights
Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More
Read MoreN.J. Supreme Court Rules in Favor of Dunes and Against Ocean Views
On July 8, 2013, at the intersection of environmental and eminent domain law, the New Jersey Supreme Court issued its long-anticipated decision in Borough of Harvey Cedars v. Karan, ____ N.J. ____ (2013). The backdrop of this case was a beach restoration and storm protection project on Long Beach Island funded by federal, state, and Read More
Read MoreNJDEP Announces Emergency Recovery Permit Rules Now Official
On June 20, 2013, the Christie Administration announced that they have officially adopted rules that simplify the permitting process for certain types of recovery projects relating to Superstorm Sandy. The Administration had implemented some of these rules as an emergency in April 2013, but now they are being formally implemented into the recovery requirements. The Read More
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