Search Rutgers Law Library N.J. Court Opinions

91 TOWNSHIP OF WEST CALDWELL v. CARANT LIMITED PARTNERSHIP -- rank: 777

... landfill in violation of the Solid Waste Management Act (SWMA), N.J.S.A. 13:1E-1 to -230 and N.J.A.C. 7 ... DEP needed to intervene. In the interim, the Legislature enacted N.J.S.A. 13:1E-99.28a, allowing the expanded use of recycled asphalt ... engineering supervisor from the DEP's Division 6 Defendants concede N.J.S.A. 13:1E-99.28a was not given retroactive effect. A-1956 ...

docket:	a1956-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	50876

92 OFP, L.L.C. v. STATE OF NEW JERSEY -- rank: 775

... the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35. This legislation established a state agency ... called the Highlands Water Protection and Planning Council (Highlands Council), N.J.S.A. 13:20-4, which was delegated responsibility for land use planning ... of Morris, Sussex, Passaic, Bergen, Warren, Hunterdon and Somerset Counties, N.J.S.A. 13:20-31 to -35. Plaintiff OFP is the owner of ... Act was introduced in the Legislature on March 29, 2004. N.J.S.A. 13:20-28. Therefore, OFP's proposed subdivision is subject to the Highlands permitting review program provided under N.J.S.A. 13:20-33 because OFP did not obtain a potable water ... development before enactment of the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. After the DEP informed the ...

docket:	A3190-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	published
citation:	395 N.J. Super. 571 930 A.2d 442
Document Size:	94252

93 IN RE APPEAL OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S JUNE 1, 2020, ADOPTED AMENDMENTS -- rank: 775

... 10B-1 to -31; the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -42; and the Site Remediation Reform Act ...

docket:	a0307-20
court:	NJ Superior Court Appellate Division
decided:	2020-00-01
status:	Unpublished
citation:
Document Size:	117740

94 IN THE MATTER OF NJDEP ADMINISTRATIVE ORDER NO 2007-01 and ADMINISTRATIVE ORDER NO. 2008-02 -- rank: 771

... its 2008 Guidance Document as a technical manual pursuant to N.J.S.A. 13:1D-111. We consider Hovtown's appeal of Administrative Order ... if the action qualifies as a technical manual pursuant to N.J.S.A. 13:1d-111. These manuals: shall define the procedural and substantive ... applicant, and the review by the department, of an application. [N.J.S.A. 13:1D-111(a)-(c)(emphasis added).] N.J.S.A. 13:1D-111 has elements that are similar to a rule ... for example, are defined as interpreting law or policy. Compare N.J.S.A. 13:1D-111 to -113 were enacted in 1992 along with ... Guidance Document fits squarely within the technical manual exemption at N.J.S.A. 13:1D-111. The Stormwater Management Rules and the need ...

docket:	a3092-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-17
status:	unpublished
citation:
Document Size:	41010

95 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 771

... not authorized by the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to 21, or any other statute. DEP contends ... and conditioned eligibility for appropriations from the "'Shore Protection Fund,'" N.J.S.A. 13:19-16.1, upon a municipality's agreement to provide ... Prot. , 395 N.J. Super. 604 , 615 (App. Div.) (citing N.J.S.A. 13:19-2), certif. denied , 193 N.J. 277 (2007). Thus ... for the construction of any developments in the coastal area." N.J.S.A. 13:19-2 (emphasis added). We have previously discussed at length ... either (1) be conducted under a permit issued pursuant to N.J.S.A. 13:19-5 or -5.1, or (2) be an activity that is explicitly exempted from the permitting requirement by N.J.S.A. 13:19-5.2 or -5.3." Id. at 494. ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

96 /usr/local/share/www/libweb/collections/courts/appellate/a1745-18.opn.html -- rank: 771

... agency decision, granting a Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21, Individual Permit to RTS IV, LLC ...

docket:
court:
decided:
status:
citation:
Document Size:	45251

97 IN RE PERMIT NO. 1512-03-0093.1 ISSUED TO TOLL BROTHERS, INC. -- rank: 769

... of subdivision or site plan approval for planned unit developments. N.J.S.A. 13:1D-34, and accordingly publishes in the DEP Bulletin "a ... DEP must make in order to issue a CAFRA permit. N.J.S.A. 13:19-10 before issuing any CAFRA permit." In re Protest ... municipality was prepared to acquire the property for just compensation. N.J.S.A. 13:9B-22. Here, too, the transfer of title of this ... to issue both permits. Affirmed. Coastal Area Facility Review Act, N.J.S.A. 13:19-1 to -21. Toll Bros. also applied for and ...

docket:	a4264-03
court:	njappellate
decided:	2007-05-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	87629

98 PAUL JOHNSTON v. CITY OF CAPE MAY -- rank: 769

... applied for a Coastal Area Facility Review Act (CAFRA) permit, N.J.S.A. 13:19-1 to -21, from the Department of Environmental Protection ...

docket:	a4501-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-19
status:	unpublished
citation:
Document Size:	57465

99 American Trucking Associations v. State of New Jersey -- rank: 769

... J.A.C. 7:26G-3.3(g) pursuant to N.J.S.A. 13:1E-18, a provision of New Jersey's Solid Waste Management legislation, N.J.S.A. 13:1E-1 to -223. The State moved to transfer the ... that the challenged fee is not valid. II. The statute, N.J.S.A. 13:1E-18, provides in pertinent part: a. The [State Department ... undergo extensive background checks at the substantial cost of $900. N.J.S.A. 13:1E-126 to -207. Under the hazardous waste transporter fee ... hold the hazardous waste transporter registration fee mechanism embodied in N.J.S.A. 13:1E-18, as implemented by N.J.A.C. 7 ...

docket:	a-15-03
court:
decided:	2000-02-02
status:
citation:	180 N.J. 377 852 A.2d 167
Document Size:	202976

100 Infinity Broadcasting Corp. v. N.J. Meadowlands Commission -- rank: 769

... any development or project or improvement as it finds necessary. N.J.S.A. 13:17-6(j). It is against the backdrop of this ... of Community Affairs [as] a body corporate and politic. . . .” N.J.S.A. 13:17-5(a). Specifically, the Meadowlands Commission “constitute[s ... powers conferred by [the Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17-1 to -86] shall be deemed and held to ... public schools, all to the extent and manner provided herein. [ N.J.S.A. 13:17-1.] The Legislature also defined, with great specificity, the ... district (District) subject to the jurisdiction of the Meadowlands Commission. N.J.S.A. 13:17-4. In order to achieve that legislative purpose within ... the District, the Meadowlands Commission is vested with broad powers. N.J.S.A. 13:17-6. Among them, the Meadowlands Commission is empowered ...

docket:	a-30-05
court:
decided:	2006-06-27
status:
citation:	*CITE_PENDING*
Document Size:	69719

101 COUNTY OF WARREN v. STATE OF NEW JERSEY -- rank: 769

... by the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 to -35, which was signed into law in ... Council's failure to meet the statutory deadlines established by N.J.S.A. �13:20-8 for the adoption of a master plan frustrated ... ultra vires (count one); (2) the statutory exemptions established by N.J.S.A. �13:20-28 improperly placed the entire burden of development restrictions ... the transfer of development rights program to be established under N.J.S.A. �13:20-13 is not a viable funding source for the ... 4) the boundaries of the preservation area set forth in N.J.S.A. �13:20-7(b) were created without a legitimate scientific basis ... of law only. The Highlands Act created the Highlands Council, N.J.S.A. 13:20-4, which was "delegated responsibility for land use ...

docket:	a4591-07
court:	superior court appellate division
decided:	2009-09-04
status:	published
citation:	409 N.J. Super. 495 978 A.2d 312
Document Size:	80457

102 /usr/local/share/www/libweb/collections/courts/appellate/a0309-19.opn.html -- rank: 769

... Sanitary Landfill Facility Closure and Contingency Fund Act (Closure Act), N.J.S.A. 13:1E-110 to -230, but that he would be unjustly ... 23.11 to -23.24. 4 Solid Waste Management Act, N.J.S.A. 13:1E-1 to -230. A-0309-19 5 therefore entered ... unreliable and subjective. To reach a decision, the court considered N.J.S.A. 13:1E-103, part of the Closure Act, which states that ... Closure Act].' Id. at 126 (first alteration in original) (quoting N.J.S.A. 13:1E-105). N.J.S.A. 13:1E-103 states: '[e]very owner or operator of a ... by whom sustained, proximately resulting from the operations or closure.' N.J.S.A. 13:1E-106(a) provides: The fund shall be strictly ...

docket:
court:
decided:
status:
citation:
Document Size:	49659

103 IN THE MATTER OF THE APPLICATION BY PINEVILLE BRUNSWICK DEVELOPMENT ASSOCIATES -- rank: 769

... s approval necessary for any development on either parcel. See N.J.S.A. 13:13A-14; N.J.A.C. 7:45-7.1 ... acts or things necessary, convenient, or desirable for [its] purposes." N.J.S.A. 13:13A-12e. Further, its own regulations have for many years ...

docket:	a2126-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	45563

104 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION (NO. 2014-0045.001) -- rank: 767

... Roth further noted that the Pinelands Protection Act (Pinelands Act), N.J.S.A. 13:18A-1 to -29, does not grant a trial-type ... rights expressly conferred by the Pinelands Act were found in N.J.S.A.13:18A-20, which affords a right of appellate review of ... Pinelands Area as delineated by the Pinelands Protection Act' in N.J.S.A. 13:18A-11(a) (setting the boundaries of the pinelands), she ... maximum feasible . . . public participation in the management of the [Pinelands],' N.J.S.A. 13:18A-8(h) and 16 U.S.C. § 471i ... when developing a management plan, i.e., the CMP Rules. N.J.S.A. 13:18A-8; 16 U.S.C. § 471i(e)(5 ... oath at public or private hearings, on any material matter,' N.J.S.A. 13:18A-6(h), it does not expressly provide non- ...

docket:	a0999-17
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	58491

105 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION COASTAL AND LAND USE COMPLIANCE AND ENFORCEMENT v. WILLIAM WARRINGTON - -- rank: 767

... decision finding he violated the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and its regulations, N.J.A ...

docket:	a1173-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-17
status:
citation:
Document Size:	42018