After three years of litigation, EELC, on behalf of client Skylands Preservation Alliance, won its case against the NJ Department of Environmental Protection involving a proposed million plus square foot warehouse project in Franklin Township.
Based upon EELC’s legal arguments, DEP finally acknowledged on Friday the existence of a jurisdictional stream (or intermittent tributary) that runs down the middle of a farm field, draining over 160 acres of land on its way into the Musconetcong River. Among the key factors in EELC’s legal arguments was that the ongoing agriculture on the site made visual identification of the stream difficult. In addition, karst geography presented issues for visibility of the water flow. Finally, the timing of site visits could be a crucial determinative factor in identifying an intermittent stream which dries up for portions of the year.
Read the decision here.