Environmental brief ~ New Jersey court upholds waterway buffer zones

[JURIST] Leading Thursday's environmental law brief, the Appellate Division of the New Jersey Superior Court [official website] has ruled [PDF opinion text] that the New Jersey Department of Environmental Protection (NJDEP) [official website] has the authority to adopt stormwater rules [NJDEP backgrounder] that create 300 foot buffers along designated reservoirs, rivers, and other waterways. The New Jersey Builders' Association (NJBA) [trade website] had challenged the rules, claiming the NJDEP did not have authority to create "no-build zones." The Court Wednesday upheld NJDEP authority and said the NJBA mischaracterized the buffer zones. Read the NJDEP press release on the ruling. AP has more.

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