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New Jersey Court Declines to Follow DEP Statutory Interpretation and Narrows Exemptions From Highlands Act Permitting Requirements
September 22, 2023
Danielle N. Bagwell
MGKF Litigation Blog
In an issue of first impression, in Matter of Proposed Construction of Compressor Station (CS327), No. A-3616-20, 2023 WL 5614411 (N. J. Super. Ct. Aug. 31, 2023), the New Jersey Superior Court rejected the New Jersey Department of Environmental Protection (“DEP”)’s interpretation of the Highlands Water Protection and Planning Act (the “Highlands Act”) and found that a permittee’s project upgrade must be “routine” to be exempted from the strict permitting requirements of the Highlands Act.
