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Richard M. Hluchan


Richard M. Hluchan

Practice Areas:

Admissions:

New Jersey

California

U. S. Court of Appeals for the Third Circuit

U.S. Supreme Court


Phone: 856.355.2999
Email: hluchan@hylandlevin.com
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Richard M. Hluchan, a partner, has concentrated his practice on land use and environmental law, including zoning and regulatory matters for more than 35 years. He counsels clients in areas subject to regulation by the New Jersey Department of Environmental Protection and the U.S. Environmental Protection Agency, including hazardous waste clean-ups, wetlands, endangered and threatened species and land development permits. Rich assists clients in land use matters, including CAFRA permitting, waterfront development, and riparian matters, as well as redevelopment, rezonings, variances, subdivisions and site plans. He also represents clients in land use and environmental litigation, including regulatory takings matters (inverse condemnation).

Before entering into private practice, Rich served as a law clerk to the Honorable John F. Gerry, U.S. District Court, Camden, NJ. He was a deputy attorney general in Trenton where he served as assistant chief of the Attorney General's Environmental Section and chief counsel to the Pinelands Commission.

In 2015, Rich was appointed by the Supreme Court of New Jersey as a member of the Advisory Committee on Professional Ethics. He has also served on the Supreme Court of New Jersey's Committee on Environmental Litigation and the Supreme Court's Committee on Character. In 2012, Rich was appointed by the Supreme Court to the District IV Fee Arbitration Committee for Camden and Gloucester Counties.

Admitted to practice in New Jersey, California, the Third Circuit Court of Appeals and the U.S. Supreme Court, Rich is an active member of the New Jersey State Bar Association, where he previously served as Chair of the Land Use Section and as a director of the Environmental Section. Rich has spoken at numerous seminars and conferences sponsored by the NJ Institute for Continuing Legal Education, the New Jersey Builders Association and other organizations. He is a member of the editorial board of the New Jersey Law Journal. Additionally, Rich has been listed in Chambers USA: America's Leading Lawyers for Business as "Leaders in Their Field" in the area of environmental law since 2003. He has also received the "AV®" peer review rating from Martindale-Hubbell.

He taught environmental law at the Rutgers University School of Law - Camden. In 1994, he was selected as a Leadership New Jersey Fellow. Since 2002, he has been a member of the American College of Real Estate Lawyers. He is the immediate past President of the Delaware Valley Environmental American Inn of Court. He is also a long time member of the Rotary Club of Haddonfield, and previously served as an officer and board member.

Rich is a graduate of Georgetown University (B.S.F.S. 1971) and Santa Clara University School of Law (J.D., magna cum laude, 1974), where he served as comment editor of the Santa Clara Law Review. In 2003, he was elected to the Board of Governors of the Georgetown University Alumni Association. In 2014, he received the Reed Award for outstanding service to the Georgetown University Alumni Association and in 2016 was elected the next President of the Georgetown University Alumni Association.

Representative Matters

Reported Cases

State Cases

In re Gloucester County Utilities Authority Wastewater Management Plan, 2012WL4344092 (App. Div., decided September 25, 2012)

Navillus Group v. Accutherm Inc., 422 N.J. Super.169 (App. Div., decided August 11, 2011)

Klumpp v. Borough of Avalon, 202 N.J.390 (June 22, 2010)

In re NJDEP Administrative Order No.2007-01, 2009 WL 2391983 (App. Div.), decided August 06, 2009.

Klumpp v. Borough of Avalon, 2009 WL 2341554 (App. Div.), decided July 31, 2009.

ZRB, LLC v. New Jersey Dept. of Environmental Protection, Land Use Regulation, 403 N.J. Super. 531 (App. Div. 2008).

Rice v. Borough of Avalon, 2008 WL 2986440 (App. Div.), decided August 06, 2008.

MacElree v. Township of Middle Zoning Bd., 2008 WL 2885167, (App. Div.), decided July 29, 2008.

Landview Property Group v. New Jersey Dept. of Environmental Protection, 2008 WL 2051025 (App. Div.), decided May 15, 2008.

Doyal v. New Jersey Dept. of Environmental Protection, 390 N.J. Super. 185, 2007 WL 162169 (App. Div.), decided January 24, 2007.

Petrella v. New Jersey Pinelands Com'n, 2006 WL 3102896 (App. Div.), decided November 03, 2006.

In re Island Bay, LLC, 2006 WL 1687222 (App. Div.), decided June 21, 2006.

Robert T. Winzinger, Inc. v. Pinelands Com'n, 2006 WL 1520578 (App. Div.), decided June 05, 2006.

Rhodes v. City of Cape May, 2005 WL 3030817 (App. Div.), decided November 14, 2005.

Cerebral Palsy Center, Bergen County, Inc. v. Mayor and Council of Borough of Fair Lawn, 374 N.J. Super. 437 (App. Div. 2005).

Island Venture Associates v. New Jersey Dept. of Environmental Protection, 359 N.J. Super. 391 (App. Div. 2003), affirmed at 179 N.J. 485 (2004).

In re Protest of Coastal Permit Program Rules, 354 N.J. Super. 293 (App. Div. 2002).

Mutschler v. New Jersey Dept. of Environmental Protection, 337 N.J .Super. 1 (App. Div. 2001).

Karam v. State, Dept. of Environmental Protection, 157 N.J. 187 (1999).

Winters v. Township of Voorhees, 320 N.J. Super. 150 (Law Div.1998).

Delaware Bay Waterman's Ass'n of New Jersey v. New Jersey Dept. of Environmental Protection, 304 N.J. Super. 20 (App. Div. 1997), dismissed as moot 153 N.J. 345 (1998).

Matter of Adoption of N.J.A.C. 71I, 291 N.J. Super. 183 (App. Div. 1996), affirmed by 149 N.J. 119 (1997).

Ocean County Chapter Inc. of Izaak Walton League of America v. Department of Environmental Pro-tection, 303 N.J. Super. 1 (App. Div. 1997).

SMB Associates v. New Jersey Dept. of Environmental Protection, 264 N.J. Super. 38 (App. Div. 1993), affirmed by 137 N.J. 58 (1994).

Matter of Stoeco Development, Ltd., 262 N.J .Super. 326 (App. Div. 1993).

Morich v. New Jersey Dept. of Environmental Protection, 269 N.J. Super. 240 (App. Div. 1992)

Long Beach Tp. Oceanfront Property Owners Ass'n v. New Jersey Dept. of Environmental Protec-tion, 245 N.J. Super. 143 (App. Div. 1990).

Matter of Cape May County Mun. Utilities Authority, 242 N.J. Super. 509 (App. Div. 1990).

Last Chance Development Partnership v. Kean, 232 N.J. Super. 115 (App. Div. 1989), affirmed by 119 N.J. 425 (1990).

Kenney v. Scientific, Inc., 213 N.J. Super. 372 (App. Div. 1986).

Glassboro v. Gloucester County Bd. of Chosen Freeholders, 199 N.J. Super. 91 (App. Div. 1985).

Horsemen's Benev. and Protective Ass'n, New Jersey Div. v. Atlantic City Racing Ass'n, 98 N.J. 445 (1985).

Matter of Conroy, 98 N.J. 321 (1985).

In re J.P., 198 N.J. Super. 166 (App. Div. 1985).

Jones v. Warren, 202 N.J. Super. 165 (App. Div. 1984).

General Assembly of State of N. J. v. Byrne, 90 N.J. 376 (1982).

Orleans Builders & Developers v. Byrne, 186 N.J. Super. 432 (App. Div. 1982).

Usdin v. State, Dept. of Environmental Protection, Division of Water Resources, 179 N.J. Super. 113 (App. Div. 1981)

New Jersey Builders Ass'n v. Byrne, 80 N.J. 469 (1979).

State v. County of Hudson, 171 N.J. Super. 453 (App. Div. 1979).

New Jersey Builders Ass'n v. Department of Environmental Protection, 169 N.J. Super. 76 (App. Div. 1979), cert. denied 81 N.J. 402 (1979).

Woodland Utility Co., Inc. v. Department of Environmental Protection, 166 N.J. Super. 324 (App. Div. 1979).

Lom-Ran Corp. v. Department of Environmental Protection, 163 N.J Super. 376 (App. Div. 1978).

State, Dept. of Human Services, Division of Public Welfare v. Hudson County, Dept. of Health and Social Services, 161 N.J. Super. 29 (Ch. Div.1978).

Shannon v. Department of Human Services, 157 N.J. Super. 251 (App. Div. 1978).

Essex County Welfare Bd. v. Department of Institutions and Agencies, 75 N.J. 232 (1978).

Purnell v. City of Bridgeton, 150 N.J. Super. 531 (App. Div. 1977).

Barrera v. Department of Institutions and Agencies, Division of Public Welfare, 150 N.J. Super. 41 (App. Div. 1977).

Schmidt v. New Jersey Dept. of Institutions and Agencies, Division of Public Welfare, 147 N.J. Su-per. 150 (App. Div. 1977).

Burton v. New Jersey Dept. of Institutions and Agencies, Division of Public Welfare, 147 N.J. Super. 124 (App. Div. 1977).

Walker v. New Jersey Dept. of Institutions and Agencies, Division of Public Welfare, 147 N.J. Super. 485 (App. Div. 1977).

Essex County Welfare Bd. v. Department of Institutions and Agencies, 147 N.J. Super. 546 (App. Div. 1977).

Gilbert v. Tull, 145 N.J. Super. 53 (Law Div. 1976).

Federal Cases

Stoeco Development, Ltd. v. Department of Army Corps of Engineers of U.S., 792 F.Supp. 339 (D.N.J. 1992).

U.S. v. Malibu Beach, Inc., 711 F.Supp. 1301 (D.N.J. 1989).

Hovsons, Inc. v. Secretary of Interior of U.S., 711 F.2d 1208 (3rd Cir. 1983).

Chapman v. Houston Welfare Rights Organization, 441 U.S. 600, 99 S.Ct. 1905, 60 L.Ed.2d 508 (1979).

Gonzalez v. Young, 560 F.2d 160 (3rd Cir. 1977).

Chambers v. Klein, 419 F.Supp. 569 (D.N.J. 1976).

Speaking Engagements

Publications

Honors