Appellate Court Clarifies Notice Requirements For Zoning Ordinances Changing The Classification Of A Zoning District

In Mahwah Realty Associates, Inc. v. Township of Mahwah, the Appellate Division of the Superior Court of New Jersey recently determined that compliance with certain enhanced notice requirements were not required for zoning ordinances changing the classification of a zoning district.  N.J.S.A. 40:55D-62.1 sets forth the notice requirements that the governing body of a municipality […]

Emergency Coastal Regulations Issued by NJDEP

DEP has issued emergency coastal regulations to simplify the process for rebuilding in the coastal zone.  Most of the revisions do not impact rebuilding of residential structures.  Specifically, there have been no revisions to the Coastal High Hazard Area Rule, which prohibits multi-family housing in V-zones and restricts single-family housing to only infill lots.  Simultaneous […]

Steven M. Dalton to Serve as Panelist for “Environmental Problems & Solutions” Panel on April 18, 2013

Steven M. Dalton, of the Firm’s Environmental Law Practice Area, will be speaking tonight at a panel entitled “Environmental Problems & Solutions: Understanding Issues & Remedies, Negotiating the PSA.” The panel begins at 5:30p.m. at Keller Williams Realty, located at 425 Park Avenue, 6th Floor, New York, New York. The panel will last about two […]

Waiver Rule Court Decision Appealed

Late last week, the Environmental Groups which lost their appeal challenging the validity of the NJDEP Waiver Rules, filed a Notice of Petition for Certification to the New Jersey Supreme Court.  This Notice will be followed by the actual petition, which will argue why the New Jersey Supreme Court should agree to accept the appeal.  […]

Energy Master Plan – New Legislation

More than a decade ago energy deregulation became law in the State of New Jersey.  This was a very complex bill that few legislators truly understood.  The new law was promoted to be the salvation for millions of state energy consumers or “rate payers” in BPU vernacular.  The intent of the legislation was to promote […]

Supreme Court Bars DEP From Warrantless Residential Inspections

In an April 4, 2013 decision, the Supreme Court of New Jersey ruled that the constitution prohibits the Department of Environmental Protection from conducting warrantless inspections of residential property without the consent of the homeowner.  Under both the federal and New Jersey constitutions, nonconsensual warrantless searches are generally prohibited.  The warrant requirement applies not only […]