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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!