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NJ 300 Foot Buffer Regulation Upheld by Court

New Jersey Builders Association v. NJDEP. Delaware Riverkeeper Network River Resources Law Clinic partnered with Rutgers Environmental Law Clinic to intervene in the New Jersey Builder’s Association appeal of the New Jersey Storm Water Regulations.  The New Jersey Supreme Court denied the New Jersey Builders Association’s petition challenging the 300 foot buffer rule contained in New Jersey’s stormwater regulations adopted in 2004.  In a strong decision, the Court upheld the regulations and the NJDEP’s ability to strongly regulate for protection from the harms of stormwater runoff. “The Appellate Division decision upholding the 300 foot buffer rule stands.