Following a 64-day hearing. the Administrative Court affirmed the denial of a waterfront development permitfor two high-rise buildings and related structures along the Hudson River, which would have blocked views ofdowntown Manhattan from the approach ramp to the Lincoln Tunnel, in contravention of applicable coastalzone management regulations. Argued and briefed by Gordan N. Litwin for

Successfully argued to the Appellate Division that the appeal of NJDEP’s temporary moratorium on horseshoecrab harvesting in Delaware Bay was made moot by new legislation establishing a moratorium on suchharvests enacted to protect declining populations of horseshoe crab and the red knot shorebird. Briefed by Gordon N. Litwin and Andrew J. Provence on behalf of

The NJDEP Commissioner’s issuance of a permit for development of waterfront property that would obscure panoramic view of New York City skyline from Lincoln Tunnel helix was reversed by the Appellate Division because agency rules required that such permits be issued by the Division of Coastal Resources, and DEP was bound to follow its own

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

In its oft-cited opinion, the Supreme Court held that a state board’s grant of a waiver to a developer. Shieldingits development project from certain Coastal Area Facilities Review Act (CAFRA) rules. was improper becauseboard members were authorized to use their judgment in applying the law to cases. not to revise CAFRA. Argued and briefed by

In this landmark case. we successfully argued that. under the Public Trust Doctrine, the public has a right toaccess and use a privately-owned beach operated as a private beach club Argued by Andrew J Provence; briefed by Gordon N. Litwin and Andrew J. Provence on behalf of amicus curiae American Littoral Society. Inc Read the

Successfully advocated to the New Jersey Supreme Court that beach area added to the shoreline as a result ofa publicly-funded beach replenishment program was public, not private, property. Briefed (at the request of the supreme Court) by Gordon N. Litwin and Andrew J. Provence on behalf ofamicus curiae American Littoral Society, Inc. Read the opinion

In reviewing an environmental challenge to an ocean dumping permit, Third Circuit ruled that court belowcommitted a serious error of law because EPA did not perform the required testing according to its ownregulations. Argued and briefed by Gordon N. Litwin on behalf of Plaintiff Clean Ocean Action, Inc Read the opinion here.