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IN THE MATTER OF NJDEP ADMINISTRATIVE ORDER NO. 2007-01

No. A-3092-06T1

IN THE MATTER OF NJDEP ADMINISTRATIVE ORDER NO. 2007-01 and ADMINISTRATIVE ORDER NO. 2008-02.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2009

Attorney(s) appearing for the Case

Richard M. Hluchan argued the cause for appellant Hovtown, Inc. (Ballard Spahr Andrews & Ingersoll, LLP, attorneys; Mr. Hluchan, of counsel; Tracy A. Siebold, on the brief).

Jane F. Engel, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Engel, on the brief).

Before Judges Cuff, Fisher and Baxter.

PER CURIAM

In this appeal, we must determine whether written guidance regarding application of stormwater management rules, particularly the rules governing encroachment into a 300-foot buffer adjacent to Category One waters, is a rule or a technical manual. If the former, the New Jersey Department of Environmental Protection (NJDEP) failed to observe the rule-making requirements of the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to...

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