New Jersey Dept. of Env. Prot. v. Huber

A civil penalty and restoration remedy was imposed on petitioners Robert and Michelle Huber, as a result of FWPA violations committed on their land, which had been developed subject to Freshwater Wetlands Protection Act (FWPA) permit conditions. A FWPA General Permit and Transition Area Waiver, issued to predecessors in title and duly recorded, controlled activities in certain areas of the Hubers' property. An administrative hearing substantiated the violations and resulted in the minimum fine and a restoration remedy for the affected property. On appeal from the final administrative action of the DEP, the Hubers raised for the first time a constitutional argument contesting the right of a DEP inspector to have entered their land without securing a warrant in advance. They argued that the inspector's testimony, based on observations made during that inspection, should not have been included in the record and, therefore, the violations had not been substantiated. The Appellate Division rejected the Hubers' constitutional challenge, in addition to all other arguments raised, and affirmed the administrative penalty. Upon review, the Supreme Court affirmed the outcome of the Appellate Division, but on different grounds as to how the FWPA inspection scheme operated consistently within constitutional parameters. The Court affirmed the judgment imposing an administrative penalty and a restoration remedy for disturbed freshwater wetlands on the Hubers' property. View "New Jersey Dept. of Env. Prot. v. Huber" on Justia Law