Date : Wed, 13 May 2009 12:11:59 -0400
For Immediate Release Contact: Jeff Tittel
May 13, 2009 609-558-9100
NJ Supreme Court Victory for Trees
Sierra Club Celebrates Decision in Support of Jackson Tree Ordinance
Earlier today the New Jersey Supreme Court decided in favor of the Jackson Tree Ordinance, overturning an Appellate Court decision made earlier this year. The ordinance requires developers to replace trees disturbed by construction, or pay into a fund to do so.
"This is a great victory, not only for trees but also for the people of New Jersey," said Jeff Tittel, Director of the New Jersey Sierra Club. "This is a milestone in the ability of towns to protect the environment and do proper planning in their communities."
More than 200 municipalities in the state have similar ordinances that are now protected by this ruling.
"We are pleased with the Supreme Court decision today. It overturned what we thought was a bad decision by the Appellate Court," said Tittel. "Had the Appellate decision fell the Jackson tree ordinance, all the trees in NJ would have had the same fate."
The ruling included a critical point that development must consider effects on the larger ecosystem, not only the individual lot. Builders had argued planting trees offsite would not be a valuable replacement.
The New Jersey Sierra Club intervened as an amicus in the case.
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