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Wednesday, November 19, 2008

ZRB, LLC v. New Jersey Department of Environmental Protection, Land Use Regulation


The New Jersey Department of Environmental Protection
rejected appellant's application for a Statewide General Permit
No. 6 to fill wetlands and build a single-family subdivision on
its property. The application was rejected because the
Department found that the wetlands on the property constituted a
habitat for the barred owl, a species the State had designated
as threatened.
On appeal, we determined that pursuant to the Freshwater
Wetlands Protection Act and the New Jersey Endangered and
Nongame Species Conservation Act, the State has the authority to
protect threatened, as well as endangered, species. We also
concluded that the decision to deny appellant's application for
the permit was not arbitrary, capricious or unreasonable.