MARC ZITTER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
A New Jersey appeals court found in favor of the state environmental agency in a suit from an oyster farmer alleging that the agency was liable for confiscating mollusks that the farmers had harvested in waters unfit for human consumption. The court found the agency was not liable as it acted “in good faith” to prevent the sale of oysters to the public that could be detrimental to public health.
[To accompany State Case Law Update "New Jersey Environmental Agency Prevails in Oyster Seizure Suit" from Brooks Animal Law Digest Issue No. 147.]