Search Rutgers Law Library N.J. Court Opinions

16 CARGILL MEAT SOLUTIONS CORP v. DIRECTOR -- rank: 911

... This appeal involves the Clean Communities Program Act (the Act), N.J.S.A. 13:1E-213 to -223, which imposes a tax on the ... Cargill stores and distributes meat products through its Swedesboro facility. N.J.S.A. 13:1E-216 exempts from the tax 'sale[s] by a ... Division's motion and found the Legislature could rely on N.J.S.A. 13:1E-217 ('General Provision 2'), as referenced in N.J.S.A. 13:1E-233 ('Appropriations Act'), to appropriate the revenues generated by ... for fiscal years 2014 and 2015. According to the Division, N.J.S.A. 13:1E-223, which Cargill relied on in support of its ... which did not occur here. And, the Division asserted if N.J.S.A. 13:1E-223 applied, it was unconstitutional. In opposition, Cargill ...

docket:	a1537-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Published
citation:
Document Size:	71058

17 U.S. Sportsmen’s Alliance v. N.J. Department of Environmental Protection -- rank: 902

... statutes governing the operations of the Fish and Game Council. N.J.S.A. 13:1B-28 provides that the Council “shall, subject to the ... the protection and propagation of fish, birds, and game animals. N.J.S.A. 13:1B-30 states that the Council, for the purpose of ... such action on the basis of scientific investigation and research.” N.J.S.A. 13:1B-32, in turn, provides for the Council to adopt ... scientific investigation and research.” (pp. 4-7) 2. Standing alone, N.J.S.A. 13:1B-30 and –32 afford substantial authority to the Fish and Game Council in respect of hunting. N.J.S.A. 13:1B-28, however, requires the Fish and Game Council to ... of the Fish and Game Council’s responsibilities found at N.J.S.A. 13:1B-28, the statue requires that the Council formulate ...

docket:	a-69-04
court:	njsupreme
decided:	2005-02-28
status:
citation:	182 N.J. 461
Document Size:	62832

18 CITY OF MILLVILLE v. STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 900

... of the DEP Commissioner and the State House Commission. See N.J.S.A. 13:8C-31; N.J.S.A. 13:1D-51. On September 25, 2013, plaintiffs filed a verified ... Acres Land Acquisition Act of 1961, L. 1961, c. 45; N.J.S.A. 13:8A-1 to -18, the New Jersey Green Acres Land Acquisition Act of 1971, L. 1971, c. 419; N.J.S.A. 13:8A-19 to -34, and the New Jersey Green Acres ... Land Acquisition and Recreation Opportunities Act, L. 1975, c. 155; N.J.S.A. 13:8A-35 to -55. These statutes declare that it is ... land for "public recreation and the conservation of natural resources," N.J.S.A. 13:8A-2; N.J.S.A. 13:8A-20; ...

docket:	a1976-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-03
status:	unpublished
citation:
Document Size:	53531

19 IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERFRONT DEVELOPMENT PERMIT, FLOOD HAZARD AREA INDIVIDUAL PERMIT AND FLOOD HAZARD AREA VERIFICATION, 1500-16-0004.1 WFD16001, 1508-18-0002.1 FHA18001, and 1508-18-0002.1 FHA180002 IN TH -- rank: 885

... assert that the DEP improperly issued a 'General Permit' under N.J.S.A. 13:9B-23 of the Freshwater Protection Act, N.J.S.A. 13:9B-1 to -30 ('FWPA') for the CDF project. They ... issuing what is commonly known as an 'Individual Permit' under N.J.S.A. 13:9B-9 of FWPA. For this and other reasons, they ... a permit under the Coastal Area Facility Review Act ('CAFRA'), N.J.S.A. 13:19-1 to -21. In particular, the objectors contend such ... 354 N.J. Super. 293, 310 (App. Div. 2002) (citing N.J.S.A. 13:19-5, -5.2, and -5.3). The DEP executes ... and all site preparation therefor . . . and shall include . . . public development.' N.J.S.A. 13:19-3. One exemption from having to comply with ...

docket:	a5525-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	117435

20 IN THE MATTER OF THE ADOPTION OF N.J.A.C 7:15-5.24(b) AND N.J.A.C 7:15-5.25 -- rank: 885

... valid. By way of background, the DEP's enabling statute, N.J.S.A. 13:1D-1 to -137, authorizes the agency to "formulate comprehensive ... resources of the State [and] the promotion of environmental protection . . . ." N.J.S.A. 13:1D-9. With specific regard to water resources, the Water ... 2.4 pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, which required the DEP to "'develop ... resource value, and ordinary resource value.'" Id. at 260 (quoting N.J.S.A. 13:9B-7). Although "habitat" was not defined, the FWPA described ... information submitted by an applicant for a freshwater wetlands permit. [ N.J.S.A. 13:9B-7a(2).] Thus, whether wetlands had exceptional resource value ... remains suitable for use by the" threatened or endangered species. N.J.S.A. 13:9B-7(a)(2). The Landscape Project method broadens ...

docket:	a3262-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	published
citation:	420 N.J. Super. 552 22 A.3d 94
Document Size:	95381

21 /usr/local/share/www/libweb/collections/courts/appellate/a6364-11xx.opn.html -- rank: 885

... for the property under the Freshwater Wetlands Protection Act ("FWPA"), N.J.S.A. 13:9B-1 to -30, and its implementing regulations. In A ... in 2012 without holding a public hearing as required by N.J.S.A. 13:8B-5 to eliminate or change portions of the conservation ... hearing, which we agree is required in that circumstance by N.J.S.A. 13:8B-5, to address the requested alteration of the conservation ... B. A-6364-11 (the Wetlands Appeal) 4 The FWPA, N.J.S.A. 13:9B-1 to -30, was enacted by the Legislature "as ... release of stored groundwater and flood waters during drought periods. N.J.S.A. 13:9B-2. Accordingly, the Legislature determined in the FWPA that ... of vegetation typically adapted for life in saturated soil conditions." N.J.S.A. 13:9B-3. Such freshwater wetlands are divided into three ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	101350

22 IN RE FLOOD HAZARD AREA VERIFICATION -- rank: 885

... for the property under the Freshwater Wetlands Protection Act ("FWPA"), N.J.S.A. 13:9B-1 to -30, and its implementing regulations. In A ... in 2012 without holding a public hearing as required by N.J.S.A. 13:8B-5 to eliminate or change portions of the conservation ... hearing, which we agree is required in that circumstance by N.J.S.A. 13:8B-5, to address the requested alteration of the conservation ... B. A-6364-11 (the Wetlands Appeal) 4 The FWPA, N.J.S.A. 13:9B-1 to -30, was enacted by the Legislature "as ... release of stored groundwater and flood waters during drought periods. N.J.S.A. 13:9B-2. Accordingly, the Legislature determined in the FWPA that ... of vegetation typically adapted for life in saturated soil conditions." N.J.S.A. 13:9B-3. Such freshwater wetlands are divided into three ...

docket:	a5541-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	102558

23 RANDOM HOUSE, INC. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 883

... Jersey Division of Taxation (Director), imposed the assessments pursuant to N.J.S.A. 13:1E-99.1 for each of tax years 1993 through ... years at issue in this appeal was imposed pursuant to N.J.S.A. 13:1E-99.1(a) (“Section 99.1(a)â ... terms used in Section 99.1(a) were defined in N.J.S.A. 13:1E-94 (also repealed by L. 2002, c. 128,  ... public property, or on private property not owned by him . . . . [ N.J.S.A. 13:1E-94(e).] The statute then enumerated fifteen categories of ... are shipped out of State for out-of-State use . . . . [ N.J.S.A. 13:1E-94(j).] In enacting the litter control tax in 1985 the Legislature added the following finding to N.J.S.A. 13:1E-93 (repealed by L. 2002, c. 128, § ...

docket:	06262-03
court:
decided:	2005-09-13
status:
citation:
Document Size:	52879

24 IN THE MATTER OF SEASIDE HEIGHTS BOROUGH PUBLIC BEACH -- rank: 879

... Green Acres' laws. See L. 1961, c. 45, codified at N.J.S.A. 13:8A-1 to -18 (the New Jersey Green Acres Land ... Acquisition Act of 1961); L. 1971, c. 419, codified at N.J.S.A. 13:8A-19 to -34 (the New Jersey Green Acres Land ... Acquisition Act of 1971); L. 1975, c. 155, codified at N.J.S.A. 13:8A-35 to -55 (the New Jersey Green Acres Land ... such lands to non-recreation or non-conservation purposes. See N.J.S.A. 13:8A-2; N.J.S.A. 13:8A-20; N.J.S.A. 13:8A-36; N.J.S.A. 13:8A-47. ...

docket:	a4585-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-03-14
status:
citation:
Document Size:	62738

25 IN THE MATTER OF JSTAR, LLC v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE REGULATION PROGRAM -- rank: 870

... agency decision, granting a Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, Individual Permit to Osborn Sea-Bay ... include residential development, commercial development, industrial development, and public development.' N.J.S.A. 13:19-3. A-4483-17T2 15 With these controlling principles ... or through submissions made during a thirty day 'comment period.' N.J.S.A. 13:19-9. Where A-4483-17T2 19 there is no ...

docket:	a4483-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	53676

26 In re Plan for the Abolition of the Council on Affordable Housing -- rank: 868

... Meadowlands Development Commission, “in, but not of,” DCA, N.J.S.A. 13:17-5(a); the Natural Lands Trust, N.J.S.A. 13:1B-15.119, Water Supply Authority, N.J.S.A ... of Environmental Protection (DEP); and the New Jersey Historic Trust, N.J.S.A. 13:1B-15.111, and State Library, N.J.S.A ... 158A-3 (within Department of Treasury); and the Pinelands Commission, N.J.S.A. 13:18A-4(a), and Highlands Water Protection and Planning Council, N.J.S.A. 13:20-4 (both within DEP). Finally, several agencies are both ... of Labor and Workforce Development); the Garden State Preservation Trust, N.J.S.A. 13:8C-4(a) (in Department of Treasury); the State ...

docket:	A-127-11
court:	NJ Supreme Court
decided:	2013-07-10
status:
citation:
Document Size:	259342

27 IMO Freshwater Wetlands Protection Act Rules -- rank: 866

... U.S.C.A. §1344 , the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to –30, or the State's Surface Water ... to-one ratio for all wetland impacts, including disturbances. Although N.J.S.A. 13:9B-13a requires "all appropriate measures" by way of mitigation ... S.C.A. § 1344, the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and the State’s Surface Water ... New Jersey Pinelands Protection Act (Act), L. 1979, c. 111; N.J.S.A. 13:18A-1 to 29, declares that its goals are, among ... d). In 1987, the New Jersey Legislature enacted the FWPA, N.J.S.A. 13:9B-1 to –30, to satisfy federal assumption requirements, although ... either a general or an individual permit from the DEP. N.J.S.A. 13:9B-9a. As the name implies, individual permits are ...

docket:	a-44-02
court:	njsupreme
decided:	2004-07-20
status:
citation:	180 N.J. 415
Document Size:	79277

28 IMO Adoption of N.J.A.C. 7:1I -- rank: 864

... Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. The primary issue is whether Voorhees ... after Voorhees purchased it, the Legislature passed the Closure Act, N.J.S.A. 13:1E-100 to -116, which imposed liability on "owners or ... Fund to provide recoupment of remediation expenses by eligible parties. N.J.S.A. 13:1E-105.     On October 30, 1986, pursuant to the Water ... was itself jointly and severally liable for closure costs under N.J.S.A. 13:1E-103.     In reaching that conclusion, the ECA relied on ... the Closure Act to supplement the Solid Waste Management Act, N.J.S.A. 13:1E-1 to -37. The Legislature emphasized the Act's ... mechanism for the prompt and adequate compensation for these damages. [ N.J.S.A. 13:1E-101.]     To effectuate those goals, the Legislature created ...

docket:	a-108-96
court:	njsupreme
decided:	1997-05-15
status:
citation:	146 N.J. 565
Document Size:	60254

29 IN RE CAFRA PERMIT NO 1512-08-0020.1CAF080001 -- rank: 862

... Protection (DEP), issued a Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, permit to respondent Township of Lacey ... three of the criteria set forth in CAFRA Section 10, N.J.S.A. 13:19-10 – specifically, subsections (e), (f), and (g) â ... DEP found the proposal satisfied the criteria set forth in N.J.S.A. 13:19-10. Lacey appealed the denial of the permit, requesting ... to support its conclusion that the proposed project complied with N.J.S.A. 13:19-10(e) and (f). 4 They argue the DEP ... discussion of the facts underlying its findings with respect to N.J.S.A. 13:19-10(e) and (f), and that appellants improperly consider ... When deciding whether to issue a CAFRA permit pursuant to N.J.S.A. 13:19-10, the DEP is required to consider whether ...

docket:	a1088-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	104216

30 ATLANTIC CITY ELECTRIC CO. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 862

... set it aside. Affirmed. 1 Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21. 2 Flood hazard area is defined ...

docket:	a1221-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	66234