Public Trust Doctrine: Implications of New Public Access Law for Beachfront and Other Tidal Land Owners

Summer is around the corner and beach access issues are once again in the news.  Senate Bill 1074, an “Act Concerning Public Access to Certain Public Trust Land”, was signed into law by the Governor on May 3, 2019.  The law is also being referred to as the public trust doctrine/public access law.  Whether the […]

NJ SUPREME COURT REFUSES TO REVIEW DECISION INVALIDATING DEP’S COASTAL PUBLIC ACCESS RULE

The uncertainty involving the New Jersey Department of Environmental Protection’s (“DEP”) Public Access Rule promulgated in 2012 under the Coastal Zone Management Rules continues. The Supreme Court by Order dated June 17, 2016 denied the State’s Petition for Certification to challenge the Appellate Division’s Hackensack Riverkeeper, Inc. and NY/NJ Baykeeper v DEP, 443 N.J. Super […]

DEP Extends Coastal Rules Without Acting On Substantive Changes

Coastal Permit Program Rules, the procedural aspects of DEP’s CAFRA, coastal wetland, and Waterfront Development permitting programs, were set to expire December 15, 2014. DEP took action to extend the existing rules without change for a seven-year term, but has yet to act upon the proposed substantive changes to the Coastal regulations published June 2, […]

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