New Jersey appeals court upholds Pinelands limits on aquifer water diversions; ruling not approved for publication
On July 15, 2026 the Appellate Division affirmed the Pinelands Commission's amendments to its water management rule, which set a 50,000 gallon-per-day diversion threshold. The opinion is not for publication, and Commission staff have asked that it be published. A data center application in Monroe Township is also before the Commission.
On July 15, 2026, the Superior Court, Appellate Division, decided In re Challenge of Clayton Sand Company to December 4, 2023 Amendments to N.J.A.C. 7:50-1.1 et seq., Docket No. A-1476-23, affirming the Pinelands Commission's amendments to the Pinelands Comprehensive Management Plan water management provisions, including N.J.A.C. 7:50-6.86(d)2. The opinion is marked not for publication without the approval of the Appellate Division and states that it shall not constitute precedent or be binding upon any court. The Commission's August 2026 management report says staff asked the Division of Law to request publication, which would make the decision precedential, and that publication had not been approved as of that report.
In re Challenge of Clayton Sand Co., No. A-1476-23 (N.J. Super. Ct. App. Div. July 15, 2026) (unpublished); N.J.A.C. 7:50-6.86(d)2