Rulemaking Obligation Upends Care One Approvals In NJ

Law360, New York (December 11, 2013, 3:45 PM EST) -- A New Jersey environmental regulator's tool for reviewing stormwater management strategies should have undergone administrative rulemaking but didn't, requiring the reversal of approvals tied to the expansion of a Care One Inc. assisted living facility, according to an appellate decision approved for publication Wednesday.

The precedential decision from the three-judge panel handed a win to Residents for Enforcement of Existing Land Use Code, the Pond Run Watershed Association and an individual property owner over New Jersey Department of Environmental decisions in favor of Care One. Those...
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