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Avalon Discusses Pending Litigation over Inlet Sand

By Vince Conti

AVALON – At the end of the Avalon Borough Council meeting July 22, the governing body went into closed session to discuss pending litigation brought by the National Audubon Society.
The Audubon Society announced its federal suit July 2, stating it opposes Interior Secretary David Bernhardt’s “Excavation Order,” a letter intended to allow excavation of sand from Hereford Inlet for beach replenishment.
Avalon, Stone Harbor, and North Wildwood have been in a multi-year struggle with the federal Fish and Wildlife Service over a relatively recent interpretation of the Coastal Barrier Resources Act that prevented Hereford Inlet from being used as a borrow zone for federally sponsored beach nourishment projects.
Two cycles of such beach replenishment projects were impacted by the adverse interpretation, limiting access to inlet sand. 
In 2019, the three-municipality coalition, with the help of U.S. Rep. Jeff Van Drew (R-2nd), was able to win Bernhardt’s special exception for mining sand in federal beach projects. The Audubon Society suit seeks to overturn that exception.

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