HIGHLANDS COAL v. ENVIR. PROT.

A-32 September Term 2017 079963.

198 A.3d 982 (2018)

236 N.J. 208

N.J. HIGHLANDS COALITION and Sierra Club, N.J., Petitioners-Appellants, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Bi-County Development Corp., Respondents-Respondents.

Supreme Court of New Jersey.

Decided December 13, 2018.


Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants (Columbia Environmental Law Clinic, Morningside Heights Legal Services, attorneys; Edward Lloyd and Susan J. Kraham , on the briefs).

Lewin J. Weyl , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Gurbir S. Grewal , attorney; Melissa H. Raksa , Assistant Attorney General, of counsel, and Kristina Miles , Deputy Attorney General, on the brief).

Richard J. Hoff, Jr. , argued the cause for respondent Bi-County Development Corp. ( Bisgaier Hoff , attorneys; David R. Oberlander , on the brief).


The Appellate Division judgment under review affirmed several actions by the State Department of Environmental Protection (DEP) with regard to property in the Borough of Oakland that is subject to the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A. 13:20-1 to -35. N.J. Highlands Coal. v. DEP,

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