SMB Associates v. New Jersey Department of Environmental Protection

Written by Andrew Provence on . Posted in Environmental Law / Administrative Law

In its oft-cited opinion, the Supreme Court held that a state board’s grant of a waiver to a developer, shielding its development project from certain Coastal Area Facilities Review Act (CAFRA) rules, was improper because board members were authorized to use their judgment in applying the law to cases, not to revise CAFRA.

Argued and briefed by Gordon N. Litwin on behalf of Respondents American Littoral Society, Inc., D.W. Bennett and Richard Crema.

Read the opinion here.

East Cape May Associates v. State of New Jersey, Department of Environmental Protection

Written by Andrew Provence on . Posted in Environmental Law / Administrative Law

Successfully argued to the Appellate Division that (1) under the Public Trust Doctrine, riparian lands granted to private owners by the State remain subject to State regulation, (2) DEP lacked the authority to waive substantive requirements of its environmental regulations without regulations to guide its discretionary powers, and (3) there was no temporary taking of Plaintiff’s property, notwithstanding a seven-year gap between DEP’s permit denial and its issuance of a § 22(b) settlement offer.

Argued by Gordon N. Litwin; briefed by Gordon N. Litwin and Andrew J. Provence on behalf of American Littoral Society, Inc.

Read the opinion here.

In re Waterfront Development Permit No. WD88-0443-1

Written by Andrew Provence on . Posted in Environmental Law / Administrative Law

The NJDEP Commissioner’s issuance of a permit for development of waterfront property that would obscure panoramic view of New York City skyline from Lincoln Tunnel helix was reversed by the Appellate Division because agency rules required that such permits be issued by the Division of Coastal Resources, and DEP was bound to follow its own rules.

Argued and briefed by Gordon N. Litwin on behalf of Appellant American Littoral Society, Inc.

Read the opinion here.