Legal Opinion
In Re Freshwater Wetlands Protection Act Rules
Supreme Court of New Jersey
Decided July 26, 2004PublishedCited by 99 opinions
1Opinion of the CourtJustice Wallace
In this appeal we determine the validity of certain rules adopted by the New Jersey Department of Environmental Protection (DEP) under the Freshwater Wetlands Protection Act (Act), N.J.S.A. 13:9B-1 to -30. The New Jersey Builders Association (Builders Association) asserts that DEP exceeded its authority under the Act by adopting rules to restrict (1) residential construction near “transition areas,” which are buffer zones surrounding freshwater wetlands; and (2) activities near “vernal habitats,” which are areas of habitat for vernal species. The Appellate Division affirmed the rules at…
2Cases cited17 opinions
- State v. ButlerSupreme Court of New Jersey · 1982
- Smith v. Director, Division of TaxationSupreme Court of New Jersey · 1987
- Bergen Pines County Hospital v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 1984
- Kingsley v. Hawthorne Fabrics, Inc.Supreme Court of New Jersey · 1964
- Higgins v. Pascack Valley HospitalSupreme Court of New Jersey · 1999
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3Cited by99 opinions
- In Re Virtua-West Jersey Hospital Voorhees for a Certificate of NeedSupreme Court of New Jersey · 2008
- In Re Election Law Enforcement Commission Advisory Opinion No. 01-2008Supreme Court of New Jersey · 2010
- Saint Peter's University Hospital v. LacySupreme Court of New Jersey · 2005
- New Jersey Society for the Prevention of Cruelty to Animals v. New Jersey Department of AgricultureSupreme Court of New Jersey · 2008
- New Jersey Ass'n of School Administrators v. SchundlerSupreme Court of New Jersey · 2012
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