Environment
Federal Court Vacates Approval of Pipeline Expansion Project – In a unanimous July 30 decision, a federal appeals court blocked a controversial natural gas infrastructure project, the Regional Energy Access Expansion. The project aimed to increase the volume of natural gas transported by the Transco pipeline by constructing a compressor station in Gloucester County and expanding compressor stations in Somerset County. A coalition of NJ environmental groups sued to vacate an approval from the Federal Energy Regulatory Commission (FERC), arguing the commission did not consider the project’s potential harms. Both New Jersey Attorney General Matt Platkin and the New Jersey Division of Rate Counsel intervened in the case on behalf of the plaintiffs, arguing the project was not really necessary. The developer may appeal the decision or try again to seek approval for the project from the FERC. The decision may affect the viability of similar projects going forward.
Housing
Court Rules that Municipalities May Not Age-Restrict Homeownership – In a July 31 decision, a NJ appeals court ruled that municipalities cannot restrict homeownership by age. Municipalities may only place age restrictions on housing occupancy. The panel affirmed a lower court decision, finding that a Berkeley Township ordinance barring individuals under the age of 55 from owning units in certain senior housing communities violates the federal Fair Housing Act and the state law against discrimination. Further, the appellate panel found that ownership restrictions may violate property rights enshrined in the Fourteenth Amendment of the U.S. Constitution.
Homeless Bill of Rights on Hold During Legislative Recess – The state legislature went on recess without initiating movement on a bill known as the Homeless Bill of Rights, introduced in January as S1083/A1678. The bill would enshrine certain protections for homeless people, including the right to access emergency medical care, the right to vote, the right to receive equal treatment from state and municipal agencies, and the right to seek employment, all free from discrimination based on homelessness status. Advocates argued that the bill should go even further to protect homeless people from criminalization, especially given the June 28th U.S. Supreme Court Decision, which found that outdoor sleeping bans did not amount to cruel and unusual punishment. Several NJ municipalities have enacted variations of outdoor sleeping bans, prompting concerns among advocacy groups about the expansion of ordinances which could propel criminalization of people without homes.
Public Administration
Federal Judge Ends Ban on Colt AR-15 Rifles – In a July 30 decision, U.S. District Judge Peter G. Sheridan issued a split decision in a challenge to a 1990 ban on over 60 semi-automatic rifles and shotguns. The decision cited a 2022 U.S. Supreme Court Decision known as Bruen, which found any categorical ban on weapons commonly used in self-defense unconstitutional. The Judge limited his ruling to Colt AR-15 rifles, as the court had received the most information on this gun. Both the state and pro-gun groups will appeal the decision.
Women/Children
Lawmakers Hold Hearing on Age Restrictions for Access to Pornography – On July 29, lawmakers marked the July 30 World Day Against Trafficking in Persons with a hearing on proposed measures to restrict minors’ access to pornography. Doctors, representatives of the age-verification industry, and various Christian groups gave testimony to urge lawmakers to age-restrict pornography access due to potential negative effects on minors’ behavior. Panel Chair Assemblyman Jay Webber has sponsored legislation under A4146 to require robust and invasive age verification measures for sites with a substantial proportion of pornographic content. Nineteen states have similar legislation, and the bill has been pending in the Assembly Science, Innovation, and Technology Committee since its introduction in April. Another panel member sponsors A3819 – pending in the Assembly Public Safety and Preparedness Committee – which would require electronics companies to block access to sites with pornographic content. Those over 18 could pay $20 to unblock the sites. Similar proposals have met opposition based on privacy concerns, a perspective highlighted by representatives of the pornography industry.
State Supreme Court Rules Expunged Records May Be Used in Child Abuse Cases – In a July 31 decision, the NJ Supreme Court ruled that expunged criminal records may be used in cases of child abuse when the records are relevant to the case. The decision upheld an appellate panel’s ruling which found that a statute under N.J.S.A. 2C:52-19 allows expunged records to be used in other proceedings on the same subject matter. The appellate panel also found no basis for the defendant’s claim that expunged records could only be unsealed in a court proceeding initiated by the subject.