NJ DEP Can Protect Threatened Species, Court Holds

Law360, New York (November 18, 2008, 12:00 AM EST) -- The New Jersey Department of Environmental Protection has the authority to designate and protect threatened species and not just endangered ones, a state appeals court has affirmed.

The Superior Court of New Jersey's Appellate Division handed down the ruling on Monday, finding that the DEP commissioner acted within her jurisdiction when she declined a contractor's application to build 16 single-family subdivisions on protected wetlands that may be home to the barred owl, a species designated as “threatened” under the state's Endangered Species Act.

The case dates...
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