The New Jersey Supreme Court’s docket includes a case that will require the court to interpret an exemption to the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 et seq. In addition, the Appellate Division has recently issued several decisions of interest to environmental and real estate practitioners.

Highlands Exemption

In re Proposed Construction of Compressor Station arose as a result of objectors’ challenge to the Department of Environmental Protection’s issuance of a Highlands Applicability Determination to the Texas Gas Pipeline Company (Texas) that exempted the construction of a new compressor station from compliance with the Highlands Act. 476 N.J. Super 556 (App. Div. 2023), certif. granted ___ N.J. ___ (2024). The proposed development located in the Highlands Preservation Area would cost over $100 million.