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13 ELR 20792 | Environmental Law Reporter | copyright © 1983 | All rights reserved Hovsons, Inc. v. Secretary of the InteriorNo. 81-2580 (3d Cir. July 13, 1983)The Third Circuit affirms the district court decision, 12 ELR 20065, upholding the Secretary of the Interior's approval of New Jersey's Comprehensive Management Plan (CMP) for the Pinelands area against challenges based on the National Environmental Policy Act and the National Parks and Recreation Act of 1978 (Parks Act). The district court granted defendant summary judgment on plaintiffs' claims that approval of the CMP was based on an insufficient environmental impact statement and violated conditions in the Parks Act. The district court also abstained from deciding plaintiffs' taking claims under the United States Constitution and state and local law pending resolution of state administrative and judicial proceedings. Initially, the Third Circuit rules that it has jurisdiction to hear the appeal of the district court's order despite that court's invocation of the abstention doctrine. Next, the court rejects appellees' motion to disqualify appellants' counsel for conflict of interest. Turning to the merits, the court simply affirms the lower court ruling, endorsing the arguments relied upon by the district judge. A separate opinion concurs reluctantly in the ruling on the court's jurisdiction over the abstention decision and dissents on the majority's decision to rule on the disqualification motion. [A related decision is published at 13 ELR 20705 — Ed.] The full text of this opinion is available from ELR (21 pp. $3.25, ELR Order No. C-1315). Counsel for Appellants Myrna P. Field, Joseph W. Marshall III George R. Gilmore Counsel for Appellees John M. Van Dalen, Deputy Attorney General; James J. Ciancia, Richard M. Hluchan Higginbotham, J. [OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE] 13 ELR 20792 | Environmental Law Reporter | copyright © 1983 | All rights reserved |