IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION CONDITIONAL HIGHLANDS APPLICABILITY DETERMINATION

No. A-3236-10T1.

IN THE MATTER OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION CONDITIONAL HIGHLANDS APPLICABILITY DETERMINATION, PROGRAM INTEREST NO. 435434

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2013.


Attorney(s) appearing for the Case

Neil Yoskin argued the cause for appellant Friends of Fairmount Historic District (Sokol, Behot & Fiorenzo, attorneys; Mr. Yoskin, of counsel and on the brief; Steven Siegel , on the brief).

Lisa G. Daglis , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Daglis, on the brief).

Christopher J. McAuliffe argued the cause for respondent Jersey Central Power & Light Company (Morgan, Lewis & Bockius, LLP, attorneys; Mr. McAuliffe, on the brief).

Courter, Kobert & Cohen, attorneys for respondent Township of Tewksbury ( Michael S. Selvaggi , of counsel; Richard W. Wenner , on the brief).

Susan J. Kraham argued the cause for amicus curiae New Jersey Highlands Coalition (Morningside Heights Legal Services, Inc., Environmental Law Clinic, Columbia University, attorneys; Ms. Kraham and Edward Lloyd , on the brief).

Before Judges Graves, Espinosa and Guadagno.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Friends of Fairmount Historic District (FFHD) appeals from a final agency decision of the Department of Environmental Protection (DEP or the Department). This is FFHD's second challenge to the construction of a 230 kV/12.5 kV electrical substation by Jersey Central Power & Light (JCP&L) in Tewksbury Township. The substation was built to address repeated power outages in...

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