NJ High Court Weighs Warrantless Enviro Inspections

Law360, New York (October 23, 2012, 4:58 PM EDT) -- In a case that pits privacy concerns against environmental enforcement, the New Jersey Supreme Court on Tuesday heard arguments that the state's environmental regulator violated homeowners' constitutional rights when it entered their property to perform a wetlands-related inspection without a warrant.

The questions arise from a case in which Robert and Michelle Huber are fighting a 2010 state Department of Environmental Protection decision holding them responsible for a $4,500 penalty and ordering them to restore freshwater wetlands and a transition area within a conservation easement, according...
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