NJ Judges Throw Out Beach Access Rules
By David Madden
TRENTON, N.J., (CBS) -- A three judge appellate panel in New Jersey has, in effect, thrown out all state regulations regarding public beach access in the state.
The panel found that there is no legislative mandate for the Department of Environmental Protection to implement rules put in place by the Christie Administration three years ago. They were ruling on a lawsuit brought by two North Jersey organizations seeking to throw out those rules. The American Littoral Society, a coastal conservation group, sided with the DEP in court.
"Not only did they invalidate the rules but they raised very, very serious questions and, I think, undermined the state's authority to even protect public access," Society President Tim Dillingham told KYW Newsradio.
The Sierra Club, while hailing the ruling, agreed that the panel went too far with its decision. "We are concerned that in the decision, because of how it was argued, they're saying that DEP can't come up with these kinds of rules," said club President Jeff Tittel.
His group would prefer a return to rules put in place by Christie's predecessor, Governor Jon Corzine, in 2007.
For its part, the DEP is looking into what appeal avenues may be open to it. The general concern here is that, with no rules in place, municipalities are left to their own devices and some, particularly to the north, might try to restrict access to beaches.
In the end, it might be a matter for legislators in Trenton to address in one form or another.