NJ Developer Can't Force State To Honor Enviro Permit

Law360, New York (August 10, 2012, 5:13 PM EDT) -- Rejecting a New Jersey developer's argument that the state environmental commissioner lacks authority to modify a previously issued permit unless it was issued arbitrarily, a state appeals panel on Friday refused to overturn a mandate that the developer revise a stormwater basin to meet regulations.

In ruling against developer The Ridge at Saddle River LLC, the appellate court found that in the absence of a legislative restriction, administrative agencies like the Department of Environmental Protection generally have the inherent power to reopen or to modify and...
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