NJ court strikes down beach access rules, so what now?

As concerns go, it may be farthest from most minds today on Christmas Eve,
but a court ruling this week could have a significant impact on public access
to New Jersey beaches for upcoming summers.



Brent Johnson and Samantha Marcus report in the Star-Ledger that:


A state appellate court Tuesday threw out rules put in place by Gov. Chris Christie‘s administration that opponents argued limited public access to New Jersey’s beaches and waterways.
In the latest chapter of a fight that has stretched on for decades, a three-judge panel ruled that the state Department of Environmental Protection overstepped its authority by issuing the 2012 guidelines, which govern how people are allowed to access the state’s waterfronts. 
The decision favors a pair of nonprofit environmental groups that claimed the rules allowed companies and private property owners to take over swaths of New Jersey’s shorelines and deny access to the public.
Andrea Leshak, a staff attorney for Hackensack Riverkeeper, which filed the suit alongside  with the NY/NJ Baykeeper, said the decision is a victory for beachgoers.
“It will be good for the typical beachgoer in that their public access is not limited by DEP rules,” she said.
The court battle began in 2007, when the DEP under then-Gov. Jon Corzine adopted rules expanding the DEP’s authority allowing more public access to New Jersey’s beaches and waterways.
Those rules were praised by some for creating new access points. However, others, including those in the business community and some shore towns, who have been accused of trying to limit public beach access with limited parking and restrooms were critical.The rules required towns to build parking lots and bathrooms every half mile along New Jersey’s 127-mile coastline. They also required industrial companies that operated on waterfront property and couldn’t provide access to give money to create parks or walkways in other areas.
Avalon, in Cape May County, sued, and a state appellate court agreed the DEP went too far with the bathroom and parking requirements, ruling that the regulations were “not statutorily authorized and therefore invalid.”
In 2012, the DEP under Christie — who defeated Corzine three years earlier — adopted new rules, effectively leaving it up to individual towns to create their own access plans. Hackensack Riverkeeper and NY/NJ Baykeeper filed suit.
The DEP argued in the case that it “has been implicitly recognized as the proper governmental authority to manage lands held in public trust.” 
But on Tuesday, the appellate panel said the DEP didn’t have authorization from the state Legislature to implement the rules.

“DEP was not authorized to promulgate the rules under the public trust doctrine,” Judge Carmen Messano wrote for the panel. “The rules far exceed the Legislature’s limited delegation of authority to DEP under (Coastal Area Facility Review Act) to regulate land uses in the coastal zone.”    

Read the full story here

Not all environmental groups agreed with the ruling.  Wayne Parry of the Associated Press reports: 

Ralph Coscia of Citizens Right To Access Beaches (C.R.A.B.) said no one appears to be in charge of protecting public beach access now.


“The court said DEP doesn’t have the authority to make these rules,” Coscia said. “The next question is if they don’t, who does.”


Tim Dillingham of the American Littoral Society, an environmental group that sided with the department, voiced similar concerns.


“Who will now act as the trustee to protect these interests if not the state Department of Environmental Protection?” he asked. “The decision would appear to create a void, and in the absence of any state leadership, could promote a return to town-by-town and development-project-by-development-project litigation over the public’s ability — or inability — to access the waterfront.”


Groups on both sides of the issue called on the Legislature to clearly define who represents the public’s right to access beaches and waterways. 


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Active day for enviro, energy bills today (12/10) in Trenton


Lots of committee action on energy and environment bills in both houses of the New Jersey Legislature tomorrow (12/10) in Trenton. 


Here’s the lineup:


SENATE ENVIRONMENT AND ENERGY  (COMMITTEE CANCELLED)
10:00 AM
Committee Room 4, 1st Floor, State House Annex, Trenton, NJ
Please note room change.
For consideration:
A-2687  DeAngelo, W.P. (D-14); Pinkin, N.J. (D-18)
Provides for replacement of incandescent light bulbs in
public school buildings with energy-efficient light bulbs.
     
For discussion:
SCR-175  Lesniak, R.J. (D-20); Bateman, C. (R-16)
Determines that Fish and Game Council’s proposal to
allow use of enclosed foothold traps is inconsistent with plain language and
legislative intent of 1984 law banning animal traps of steel-jaw leghold type.
Related Bill: ACR-250
    

SENATE COMMUNITY AND URBAN AFFAIRS
11:00 AM
Committee Room 1, 1st Floor, State House Annex, Trenton, New Jersey
For consideration:
A-3257  Cryan, J. (D-20); Andrzejczak, B. (D-1);
Mazzeo, V. (D-2); Burzichelli, J.J. (D-3) 
Expands type of use qualifying as low intensity
recreational use on lands in Pinelands agricultural production areas.  Related Bill: S-2125
     
S-2125  Van Drew, J. (D-1); Lesniak, R.J. (D-20)
Expands type of use qualifying as low intensity
recreational use on lands in Pinelands agricultural production areas.  Related Bill: A-3257

    
ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
1:00 PM
Committee Room 16, Fourth Floor, State House Annex, Trenton, New Jersey
For consideration:
A-2719  Gusciora, R. (D-15)
Provides for industrial hemp farming.
     
A-2919  Gusciora, R. (D-15)
Establishes an industrial hemp license.
    
SENATE BUDGET AND APPROPRIATIONS
1:00 PM
Committee Room 4, 1st Floor, State House Annex, Trenton, NJ
For consideration:
S-2858  Weinberg, L. (D-37); Gordon, R.M. (D-38)
Requires owner or operator of certain trains to have
discharge response, cleanup, and contingency plans to transport certain
hazardous materials by rail.
Related Bill: A-4283
    
SENATE COMMERCE
1:00 PM
Committee Room 6, First Floor, State House Annex, Trenton, NJ
Committee Room changed from 10 to 6.
For consideration:
A-2023  Greenwald, L.D. (D-6); Benson, D.R. (D-14)
Revises definition of “responsible charge” as
it pertains to licensed professional engineers 
and licensed architects.
     

ASSEMBLY APPROPRIATIONS
2:00 PM
Committee Room 11, 4th Floor, State House Annex, Trenton, NJ
For consideration:
A-1583  Spencer, L.G. (D-29); Wimberly, B.E. (D-35);
Lagana, J.A. (D-38)
Authorizes creation of stormwater utilities for certain
local government entities.
Related Bill: S-579
      
A-4703  Spencer, L.G. (D-29); Tucker, C.G. (D-28);
Pintor Marin, E. (D-29)
Increases value of Economic Redevelopment and Growth
Grant program tax credits to $650 million; restricts $50 million of tax credits
to certain qualified residential projects.
Related Bill: S-3172
     
A-4763 
Revises “Electronic Waste Management Act.”
Related Bill: S-2973
     
S-579  Smith, B. (D-17); Bateman, C. (R-16)
Authorizes creation of stormwater utilities for certain
local government entities.
Related Bill: A-1583
     
SENATE ECONOMIC GROWTH
10:30 AM
Committee Room 1, 1st Floor, State House Annex, Trenton, NJ
For consideration:
A-2586  DeAngelo, W.P. (D-14); Quijano, A. (D-20);
Benson, D.R. (D-14)
Establishes “Energy Infrastructure Study
Commission.”
Related Bill: S-1796
    
A-4079  Eustace, T. (D-38); Andrzejczak, B. (D-1);
Taliaferro, A.J. (D-3) 
Directs Department of Agriculture to publish on its
website “New Jersey Gleaning Week” and “Farmers Against Hunger
Day” page.
Related Bill: S-2819
     
AJR-93  Eustace, T. (D-38); Andrzejczak, B. (D-1);
Taliaferro, A.J. (D-3) 
Designates third week of September as “New Jersey
Gleaning Week.”
Related Bill: SJR-73
     
AJR-94  Eustace, T. (D-38); Andrzejczak, B. (D-1);
Taliaferro, A.J. (D-3) 
Designates Wednesday of third week of September as
“Farmers Against Hunger Day.”
Related Bill: SJR-74
     
S-1796  Greenstein, L.R. (D-14)
Establishes “Energy Infrastructure Study
Commission.”
Related Bill: A-2586
     
S-2819  Van Drew, J. (D-1); Beach, J. (D-6)
Directs Department of Agriculture to publish on its
website “New Jersey Gleaning Week” and “Farmers Against Hunger
Day” page.
Related Bill: A-4079
     
SJR-73  Van Drew, J. (D-1); Beach, J. (D-6)
Designates third week of September as “New Jersey
Gleaning Week.”
Related Bill: AJR-93
   
SJR-74  Van Drew, J. (D-1); Beach, J. (D-6)
Designates Wednesday of third week of September as
“Farmers Against Hunger Day.”
Related Bill: AJR-94
     
SENATE MILITARY AND VETERANS’ AFFAIRS
1:00 PM
Committee Room 1, 1st Floor, State House Annex, Trenton, New Jersey
For consideration:
S-3266  Beach, J. (D-6); Allen, D.B. (R-7)
Facilitates coordination of land use planning between
civilian and military interests to preserve viability of federal military
installations within State.
Related Bill: A-4727




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Recent blog
posts: 
Will rising seas drown the Statue of
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who learned the hard way
Cappelli selected as ‘Awesome
Attorney’ by magazine
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convicted 
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Active day for enviro, energy bills today (12/10) in Trenton Read More »

Will rising seas drown the Statue of Liberty?

Rising sea levels due to climate change threaten the Statue of Liberty and it would cost $1.5 billion to replace the landmark, according to the U.S. Interior Department.

Jonathan D. Salant reports for NJ.com:

Reports by the agency’s inspector general and the National Park Service said that $40 billion in national parks, historic sites, and monuments are endangered as water levels rise along with increased temperatures.
Among the sites named are the Statue of Liberty and Gateway National Recreation Area, which includes the Fort Hancock and Sandy Hook Proving Ground National Historic Landmark in New Jersey.

Will rising seas drown the Statue of Liberty? Read More »

Career tips from a governor who learned the hard way

Former NJ Gov. Jon Corzine
Former NJ Gov. Jon Corzine broke his silence after nearly four years away from a microphone on Thursday evening, Claude Brodesser-Akner reports today for NJ.com

Eschewing political analysis, he instead offered up career guidance to graduate students of business at Farleigh Dickinson University’s Madison campus.

He did so Thursday evening by speaking frankly about his personal successes and failures — Corzine was ousted from both his perches at Goldman Sachs and MF Global, and lost the 2009 election to Gov. Chris Christie.

The Democrat, who once delivered a budget address that wasn’t interrupted by applause even once, conceded he wasn’t an exciting public figure. He recalled that The Star-Ledger once described him as being “as interesting as watching a flickering log on TV at Christmas,” and when a woman asked him what advice he’d give his 20 year old self, he answered “Learn how to give a speech.”

Corzine had lots more hard-won advice to offer up to his young audience and offered eight principles culled from his one-night-only Corzine School of Business and Politics.
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Cappelli selected as ‘Awesome Attorney’ by magazine

Louis Cappelli, Jr., Esq.
Florio Perrucci Steinhardt & Fader, LLC holds legitimate bragging rights today, as Louis Cappelli, Jr., Managing Partner of the Firm’s Cherry Hill office, has been named–for the second consecutive year–as an “Awesome Attorney” by readers of South Jersey Magazine.

The law firm announced today that Cappelli had been recognized again for his expertise in Land Use Law.

“A 25-year veteran in the practice of Real Estate and Land Use Law, he has represented multiple planning and zoning boards and has appeared on behalf of applicants in front of dozens of land use boards. His clients have developed everything from solar projects to retail centers. He also has extensive experience in Construction, Public Contracting, & Redevelopment Law. 


“In addition to his legal expertise, Lou also serves as Camden County Freeholder Director and has been responsible for numerous improvement projects throughout the County, spearheading the creation of the first-of-its-kind regional Camden County Police force.

“Click here to view  South Jersey Magazine’s “Awesome Attorney” feature.”

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Coal baron Don Blankenship convicted on one misdemeanor count for mine safety breaches

Former Massey Eenergy CEO Don Blankenship - AP Photo
Ex- Massey Energy CEO Don Blankenship was convicted today on one misdemeanor
count for conspiracy  to violate coal mine safety rules – AP photo

For the first time in living memory, the top officer of a major coal company has been convicted for crimes arising from worker deaths in the notoriously dangerous mining industry, Politico reports.

A federal jury in West Virginia today found coal baron Don Blankenship guilty of flouting mine safety laws arising from a 2010 mine explosion that killed 29 workers.

The verdict remains a significant victory for federal prosecutors, who apparently persuaded the jury that Blankenship possessed prior knowledge of unsafe conditions at the Upper Big Branch mine and that he willfully broke mine safety laws.

An investigation by the Mine Safety and Health Administration blamed the fatal disaster in part on “unlawful policies and practices … including the intimidation of miners” who were discouraged from reporting safety violations.

Blankenship, who was chairman and CEO of Massey Energy at the time of the accident, was found guilty of conspiracy to violate mine safety regulations, a misdemeanor carrying a maximum of one year imprisonment. But a jury cleared him of two other counts arising from alleged securities law violations tied to his company’s statements on mine safety.

Read the full story here 

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