The Supreme Court Grants Review of an Environmental Land Use Case

The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep’t of Environmental Protection.  The question presented, as phrased by the Supreme Court Clerk’s office, is “For the purposes of determining whether this development project was exempted from the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, did the municipality’s action in 2007 constitute final approval within the meaning of N.J.S.A. 40:55D-4 of the Municipal Land Use Law?”  In an unpublished opinion, a three-judge Appellate Division panel sustained DEP’s action in permitting the development project to go forward, rebuffing plaintiff’s several challenges.