Bulletin Board Magazine 2022 Volume 1

Legal/Legislative

Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, and Ms. Lee is an Associate of Giordano, Halleran & Ciesla, P.C.’s Environmental Practice Group

DEFENDING AGAINST THIRD PARTY APPEALS I/M/O Proposed Construction of Compressor Station Giordano, Halleran, & Ciesla, on behalf of the New Jersey Builders Association (“NJBA”), along with the New Jersey State Chamber of Commerce, New Jersey Utilities Association, Association and the New Jersey Business and Industries Association filed a motion and brief to appear as a friend of the court (amici curiae) in support of Tennessee Gas Pipeline Company, LLC (“TGP”)’s appeal to the New Jersey Supreme Court from orders in the New Jersey appellate court denying the right of TGP to intervene in an appeal of its own permit. This case is of critical importance to all businesses, developers and companies who obtain permits or approvals from State agencies. Here, Appellants Food & Water Watch and New Jersey Highlands (“Appellants”), represented by Eastern Environmental Law Center, challenged the issuance of a permit to TGP by the New Jersey Department of Environmental Protection (“NJDEP”). When the Appellants their notice of appeal, they strategically decided not to list TGP, despite TGP being the permittee of the very permit the Appellants were challenging. Causing additional costs and hurdles, TGP was required to file motions to intervene, which were denied by the Appellate Division. the New Jersey Chapter of NAIOP, the Commercial Real Estate Development

Amici argued that the Appellants should have named TGP in the notice of appeal as an “interested party”). Amici moved to appear and filed a joint brief to insure that in cases where a third-party challenges the issuance of a State agency permit or approval, the notice of appeal names the permittee as a party to that appeal. In the alternative, amici argued that the motions to intervene should have been granted by the Appellate Division. The service of the notice of appeal on the permittee insures fundamental due process is met, as the permittee will be afforded an opportunity to participate in the appeal. Amici sought to protect the NJBA and other members of the business community of New Jersey by urging the Supreme Court to hold that permittees must be named as a party in any appeal challenging that permittee’s permit and/or approval. The matter was heard by the Supreme Court on March 29. SBACNJ general counsel Mike Gross appeared before the Court for oral arguments in support of the motion. TIMLINESS OF APPEAL OF PERMIT CONDITIONS In this case, the Appellate Division in an unpublished decision affirmed the New Jersey Department of Transportation’s (“DOT”) final determination that Maple Shade Equities, LLC’s (“Maple Shade”) appeal of conditions to a major access permit was untimely under the State Highway Access Management Code (“Access Code”). Maple Shade Equities v. NJDOT

Michael J. Gross

Steve Dalton

Linda M. Lee

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