N.j. Highlands Coalition and Sierra Club, N.j. v. New Jersey Department of Environmental Protection and Bi-County…

Summary

The Supreme Court of New Jersey reviewed the Department of Environmental Protection’s determination that the Bi‑County Development Corporation’s affordable‑housing project remained exempt from the Highlands Water Protection and Planning Act under Exemption 17. The Court held that the exemption had not expired because the project had not obtained “all final approvals,” and that the phrase must be read according to its plain meaning, not by importing the Municipal Land Use Law’s definition of “final approval.” The judgment of the Appellate Division was affirmed.