Search Rutgers Law Library N.J. Court Opinions

166 DORINE INDUSTRIAL PARK PARTNERSHIP v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 732

... requirements of the Environmental Cleanup Responsibility Act of 1983 (ECRA), N.J.S.A. 13:1K-6 to -13.1 The sales fell through. Dorine ... replaced by the Industrial Site Recovery Act (ISRA) in 1993. N.J.S.A. 13:1K-6. ISRA requires responsible parties to file remediation documents ... remedial action workplans (RAW), and remedial action outcome (RAO) reports. N.J.S.A. 13:1K-8; N.J.S.A. 13:1K-9(b)(3). At each stage, the responsible party ... negotiations with respect to acceptability of the workplans and outcomes. N.J.S.A. 13:1K-9. Persons remediating an industrial establishment under ISRA were ...

docket:	a1214-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	42092

167 James Flagg v. Essex County Prosecutor -- rank: 730

... charged with illegal dumping, a strict liability disorderly persons offense, N.J.S.A. 13:1E-9.3a and b. On May 13, 1998, the ... disorderly persons offense under the Solid Waste Management Act (Act), N.J.S.A. 13:1E-9.4. We are called on to establish the ... of solid waste on a public street, in violation of N.J.S.A. 13:1E-9.3a and b. Under that Act, Flagg's ... alleged conduct constitutes a disorderly persons offense regardless of intent. N.J.S.A. 13:1E-9.4a. Although the charges against Flagg were filed ... of driving privileges for between six months and one year. N.J.S.A. 13:1E-9.4b to c. Flagg was fined $5,000 ...

docket:	a-85-00
court:	njsupreme
decided:	2002-02-11
status:
citation:	171 N.J. 561
Document Size:	50384

168 COZZOLI MACHINE COMPANY v. CROWN REAL ESTATE HOLDINGS, INC -- rank: 730

... In March 2003, pursuant to the Industrial Site Remediation Act, N.J.S.A. 13:1K-6 to -13.1, plaintiff and the owner of ...

docket:	a1733-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-07
status:	Unpublished
citation:
Document Size:	37058

169 MERCER COUNTY DEER ALLIANCE, NEW JERSEY ANIMAL RIGHTS ALLIANCE, et al. v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF FISH, GAME AND WILDLIFE, et al. -- rank: 730

... The Division of Fish, Game and Wildlife is constituted by N.J.S.A. 13:1B-23 as an agency within the Department of Environmental ... the advice and consent of the Senate, was established by N.J.S.A. 13:1B-24 as an arm of the Division. The Council ... the protection and propagation of fish, birds, and game animals...." N.J.S.A. 13:1B-28. In performing this mission, it is directed to ... Governor and Legislature. More specifically, the Council is charged by N.J.S.A. 13:1B-30 with developing and promulgating a State-wide Fish ... adopted without sufficient scientific research and investigation as required by N.J.S.A. 13:1B-30. That simply is not so. While there may ... even in accordance with the strict conditions of issued permits. N.J.S.A. 13:1B-30 states as among the purposes of the ...

docket:	A1618-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-01
status:	published
citation:
Document Size:	35570

170 NICHOLAS PANACCIONE v. PIOTR HOLOWIAK -- rank: 728

... protected by the New Jersey Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30. In 1997, the New Jersey Department ... authority to enforce its provisions and terminate any permits issued. N.J.S.A. 13:9B-20, -21; N.J.A.C. 7:7A-14 ...

docket:	a5461-06
court:	njappellate
decided:	2008-11-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	92713

171 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. JOSEPH J. CALDEIRA, SR., et al. -- rank: 728

... Landfill Facility Closure and Contingency Fund Act (the Closure Act), N.J.S.A. 13:1E-100 to -116. See footnote 3 3 The Closure ... August 19, 1991, pursuant to Reorganization Plan No. 002- 1991, N.J.S.A. 13:1D-1, the responsibilities for solid waste economic regulation, including ... that such closures mean loss of revenue to the owner, N.J.S.A. 13:1E-101, and the strong possibility the owner will be ... the DEP. Footnote: 3      3 The Solid Waste Management Act, N.J.S.A. 13:1E-1 to -207, controls the closure of sanitary landfills ...

docket:	A2507-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-16
status:	published
citation:	338 N.J. Super. 203
Document Size:	66881

172 BI-COUNTY DEVELOPMENT CORPORATION v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 728

... adopted by DEP pursuant to the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (Wetlands Act). We affirm. I. Among ... or serves as an integral component of the wetlands ecosystem." N.J.S.A. 13:9B-3; N.J.S.A. 13:9B-17. Known as "transition areas," these lands serve as ... public's interest in development activity," as set forth in N.J.S.A. 13:9B-2. The petition also argued that "an exceptional resource ... remains suitable for use by the specific documented species. See N.J.S.A. 13:9B-7a(2). These statutory provisions are framed in the ... a 150-foot-wide transition area around the wetland. See N.J.S.A. 13:9B-16. Consequently, consideration of the potential impact(s) ...

docket:	a1047-09
court:	superior court appellate division
decided:	2010-10-22
status:	unpublished
citation:
Document Size:	35080

173 A-4628-10T2 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 728

... in 1993, pursuant to the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -18. ISRA was enacted in 1993 to ... obligations before selling or otherwise transferring ownership of the property. N.J.S.A. 13:1K-7. To effectuate a stock transaction in 1984, Tiffany ...

docket:	a0067-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-24
status:	unpublished
citation:
Document Size:	145002

174 JOHN E. SUSKO v. BOROUGH OF BELMAR -- rank: 726

... S.A. 12:5-3(d) (regulating waterfront development) and N.J.S.A. 13:19-10(h) (regulating costal development). See L. 2015, c ...

docket:	a3059-16
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Published
citation:	458 N.J.Super. 583 206 A.3d 979
Document Size:	62510

175 IN THE MATTER OF THE NEW JERSEY PINELANDS COMMISSION'S APPROVAL OF NEW JERSEY NATURAL GAS'S APPLICATION NO. 2014-0045.001 -- rank: 726

... consistent with the Pinelands Protection A-4997-16 2 Act, N.J.S.A. 13:18A-1 to -29 (the Act), and the Pinelands Comprehensive ... development, and natural resource protection in the designated Pinelands Area. N.J.S.A. 13:18A-8. Those rules establish various land use management areas ... the Commission waives strict compliance under its formal waiver process. N.J.S.A. 13:18A-10(c); N.J.A.C. 7:50-4 ... reviewing other applications that did not involve prior municipal approval, N.J.S.A. 13:18A-15, and consistent with this court's remand instructions ... Commission is reviewing a final municipal or county development approval. N.J.S.A. 13:18A- 15. Here, there was no municipal or county approval for the Commission to review. Additionally, N.J.S.A. 13:18A-8(h) does not require the Commission A- ...

docket:	a4997-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-29
status:	Unpublished
citation:
Document Size:	44520

176 Holgate Property Associates v. Township of Howell -- rank: 724

... to obtain a declaration that the Solid Waste Management Act, N.J.S.A. 13:1E-1 to 207, ("SWMA") preempted the Township from enforcing ... expertise that transcends the capacities and interests of local government. N.J.S.A. 13:1E-2a. Nevertheless, the Legislature appreciated the significant impact that ... must involve maximum government and public participation at that level. N.J.S.A. 13:1E-4, 13:1E-6. Most regulation is accomplished through ... N.J.A.C. 7:26-1.8; see also N.J.S.A. 13:1E-4a. Those facilities are still required to obtain a ... 1977 amendments to the SWMA (the so-called "sludge amendments"), N.J.S.A. 13:1E-43 to -48, demonstrate that, as a critical component ... or energy, or to create fertilizer) and land disposal techniques. N.J.S.A. 13:1E-43b, 13:1E-44b, 13:1E-45e. To ...

docket:	a-127-95
court:	njsupreme
decided:	1996-07-29
status:
citation:	145 N.J. 580
Document Size:	45258

177 IN THE MATTER OF THE PETITION OF SOUTH JERSEY GAS COMPANY FOR A CONSISTENCY DETERMINATION FOR A PROPOSED NATURAL GAS PIPELINE -- rank: 724

... Wittenberg to execute the MOA. The Commission has fifteen members. N.J.S.A. 13:18A-5(a). Seven members voted in favor of the ... already declined to approve it under the Pinelands Protection Act, N.J.S.A. 13:18A 1 to -58, and the CMP rules; (2) the ... The Pinelands Act was subsequently enacted. It established the Commission, N.J.S.A. 13:18A-4(a), and directed it to prepare a CMP to which county and municipal master plans must conform, N.J.S.A. 13:18A-8 to -10. The Act provided that the CMP ... the purposes and provisions of the [state and federal legislation]." N.J.S.A. 13:18A-8(i). The CMP applies to all development in ... approval or grant conforms to the provisions of [the CMP]. [ N.J.S.A. 13:18A-10(c).] However, in deciding whether to grant ...

docket:	a1685-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	published
citation:	447 N.J.Super. 459 149 A.3d 13
Document Size:	61748

178 IN RE ADOPTION OF AMENDMENTS AND NEW REGULATIONS AT N.J.A.C. 7:27-27.1, -27.2, -27.4, -27.5, -27.6, -27.7, -27.8, -27.9 and -27.11, and N.J.A.C. 7:27A-3.10 -- rank: 719

... Task Force, the Mercury Switch Removal Act of 2005 (MSRA), N.J.S.A. 13:1E-99.82 to -99.90, was enacted on March ...

docket:	A2445-04
court:	NJ Superior Court Appellate Division
decided:	2007-04-13
status:	published
citation:	392 N.J. Super. 117 920 A.2d 111
Document Size:	92490

179 LEONARD MANDEL and SUSAN LEWIS v. UBS/PAINEWEBBER, INC., JANE ROMANY et al. -- rank: 719

... on the property were "isolated wetlands" within the meaning of N.J.S.A. 13:9B-3, -9(a), -23.     The Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, defines a freshwater wetland as [A ... life in saturated soil conditions, commonly known as hydrophytic vegetation . . . . [ N.J.S.A. 13:9B-3.] Further: [t]he department, in designating a wetland ... exceptional resource value, intermediate resource value and ordinary resource value. N.J.S.A. 13:9B-7. Freshwater wetlands of "exceptional value" are defined as ... their tributaries" or provide "habitats for threatened or endangered species." N.J.S.A. 13:9B3-, -9(a) and -23. Here, a general permit was ... 7A-7). Please refer to the Freshwater Wetlands Protection Act ( N.J.S.A. 13:9B-1 et seq.) and implementing rules for additional ...

docket:	a6060-01
court:	njappellate
decided:	2004-11-12
status:	published
citation:	372 N.J. Super. 578
Document Size:	54887

180 DARWIN R. GRIFFITH v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, -- rank: 717

... of amelioration pursuant to the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and more particularly 13:9B-22b ... temporary taking; and awarding plaintiff a counsel fee pursuant to N.J.S.A. 13:9B-2. Plaintiff's dealings from that point on were ... uplands site under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to -21. CAFRA was first enacted in 1973 ... by DEP, for any construction in the coastal area. See N.J.S.A. 13:19-2. Pursuant to plaintiff's request, a pre- application ... interlocutory for an entirely different reason. We pointed out that N.J.S.A. 13:9B-22b of the FWPA provides that if the court ... supra , 300 N.J. Super. at 340:         One purpose of N.J.S.A. 13:9B-22b is obviously to avoid exposing the State ...

docket:	a6079-99
court:	njappellate
decided:	2001-05-15
status:	published
citation:	340 N.J. Super. 596
Document Size:	36659