NJ Environmental Law Doesn't Authorize Warrantless Property Inspections

April 2013
Land Use Law Report;2013, Vol. 41 Issue 4, p5
The article discusses the court case of New Jersey Department of Environmental Protection vs. Huber which deals with the Freshwater Wetlands Protection Act (FWPA) violation. The New Jersey Supreme Court disagreed with the Appellate Division's conclusion that the FWPA authorized warrantless, forcible entries for inspections. However, it ultimately held that the FWPA authorizes warrantless entries with consent and that denying consent can be its own violation.


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