Successfully argued to the Appellate Division that (1) under the Public Trust Doctrine, riparian lands granted to private owners by the State remain subject to State regulation, (2) DEP lacked the authority to waive substantive requirements of its environmental regulations without regulations to guide its discretionary powers, and (3) there was no temporary taking of Plaintiff’s property, notwithstanding a seven-year gap between DEP’s permit denial and its issuance of a 22(b) settlement offer.

Argued by Gordon N. Litwin; briefed by Gordon N. Litwin and Andrew J. Provence on behalf of American Littoral Society, Inc.

Read the opinion here.