NJ High Court Ruling Stresses Due Process In Enviro Actions

By Martin Bricketto (April 4, 2013, 8:50 PM EDT) -- A New Jersey Supreme Court decision Thursday that the state Department of Environmental Protection can't inspect a residential property for wetlands violations without a warrant when the owner refuses access underscores that due process concerns matter in enforcement actions and continues a trend of the court scrutinizing how the regulator proves its cases, attorneys said.

The DEP had accused Robert and Michelle Huber of violating the Freshwater Wetlands Protection Act because of improvements on their property that allegedly disturbed protected areas, hitting them with a $4,500 penalty and ordering a restoration plan. On appeal, the Hubers argued that evidence collected by...

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