Permit Litigation with New Jersey Department of Environmental Protection

As a result of the New Jersey Appellate Division's recent decision in the case of Dragon vs.  New Jersey Department of Environmental Protection, a developer can no longer utilize the long standing procedure in contested matters of entering into a settlement agreement or letter of authorization in lieu of issuing an actual permit. In addition the court held that the Department lacked the authority to waive substantive coastal policies in the absence of a comprehensive regulatory procedure to waive such policies. 

The practice pointer is to make sure that any settlement of DEP litigation which permits an entitlement is memorialized in an actual issued DEP permit which is accordance with all applicable regulations and policies. 

      

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