HOVSONS, INC. v. SECRETARY OF INTERIOR OF U.S.

No. 81-2580.

711 F.2d 1208 (1983)

HOVSONS, INC., a New Jersey corporation; the Coalition to Save Agriculture, a New Jersey corporation; the Coalition For the Sensible Preservation of the Pinelands, an unincorporated association; Folsom Township, a municipal corporation of the State of New Jersey; Woodland Township, a municipal corporation of the State of New Jersey, Plaintiffs and Marvin F. Matlack and Shirley Ann Matlack, Pineland Landowners, individually and on behalf of their minor children, Pamela and Desiree; Pineland Landowners Defense Fund, Inc., a New Jersey corporation; Board of Education of Washington Township, a corporate entity under the laws of the State of New Jersey; and Board of Education of Woodland Township, a corporate entity under the laws of the State of New Jersey; Township of Lacey, a municipal corporation of the State of New Jersey; and Lake Lenape Land Co., a corporation of the State of New Jersey, Plaintiffs-Intervenors, Appellants v. The SECRETARY OF the INTERIOR OF the UNITED STATES of America, Defendant and State of New Jersey; the Pine Barrens Coalition; the New Jersey Audubon Society; the Environmental Defense Fund, Inc.; the Natural Resources Defense Council, Inc.; Friends of the Earth; the Sierra Club; the National Parks and Conservation Association; the American Rivers Conservation Council; and the National Wildlife Federation, Defendant-Intervenors, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 13, 1983.


Attorney(s) appearing for the Case

Paschon, Feurey & Kotzas, Robert V. Paschon (argued), Toms River, N.J., for appellant, Hovsons, Inc., et al.

The Mid-Atlantic Legal Foundation, Myrna P. Field, Joseph W. Marshall, III, Philadelphia, Pa., for appellants, Matlack, et al.

Hiering, Gilmore & Monahan, George R. Gilmore (argued), Toms River, N.J., for appellants, Township of Lacey and Lake Lenape Land Co.

W. Hunt Dumont, U.S. Atty., Jerome B. Simandle, Asst. U.S. Atty. (argued), Trenton, N.J., for appellee, Secretary of the Interior.

Irwin I. Kimmelman, Atty. Gen. of N.J., James J. Ciancia, Asst. Atty. Gen., Richard M. Hluchan, Deputy Atty. Gen., John M. Van Dalen, Deputy Atty. Gen. (argued), Trenton, N.J., for appellee, State of N.J.

James T.B. Tripp (argued), New York City, for appellee, The Environmental Defense Fund, Inc.

Lawrence D. Ross, Bessler, Plotkin & Ross, Morristown, N.J., for appellees, The Environmental Defense Fund, Inc.; The Natural Resources Defense Council; Friends of the Earth; The Sierra Club; The Nat. Parks and Conservation Ass'n; The American Rivers Conservation Council; and The Nat. Wildlife Federation.

Matthew P. Boylan, Lowerstein, Sandler, Brochin, Kohl, Fisher & Boylan, Roseland, N.J., for appellees, The Pine Barrens Coalition, and The N.J. Audubon Soc.

Sarah Chassis, Jane Bloom, New York City, for appellee, The Natural Resources Defense Council.

Before GARTH and HIGGINBOTHAM, Circuit Judges, and FULLAM, District Judge.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

I. PROCEEDINGS BELOW

This is a suit by a number of plaintiffs who allege that they are aggrieved by actions of the State of New Jersey and the Secretary of the Interior of the United States, and who together have approved and adopted New Jersey's "Comprehensive Management Plan" (CMP) for the Pinelands area of New Jersey. The Pinelands...

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