MUSCONETCONG WATERSHED v. NJDEP

DOCKET NO. A-2491-20.

300 A.3d 990 (2023)

476 N.J. Super. 465

MUSCONETCONG WATERSHED ASSOCIATION, Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent, and Hampton Farm, LLC, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 2023.


Attorney(s) appearing for the Case

Daniel A. Greenhouse argued the cause for appellant (Eastern Environmental Law Center, attorneys; Daniel A. Greenhouse, on the briefs).

Jason Brandon Kane , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Matthew J. Platkin , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Jason Brandon Kane, on the briefs).

Guliet D. Hirsch , Princeton, argued the cause for respondent Hampton Farm, LLC (Archer & Greiner, PC, attorneys, join in the brief of respondent New Jersey Department of Environmental Protection; Guliet D. Hirsch, on the brief).

Before Judges Gilson, Gummer, and Messano.


The opinion of the court was delivered by

On February 23, 2017, the New Jersey Department of Environmental Protection (DEP) issued a flood hazard area applicability determination (FHA Determination) to Hampton Farm, LLC (Hampton Farm). Shortly thereafter, appellant Musconetcong Watershed Association (MW Association) requested...

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