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CITY OF PHILADELPHIA v. STATE DEPT. OF ENVIRON. PROTEC.

73 N.J. 562 (1977)

376 A.2d 888

CITY OF PHILADELPHIA, CITY OF GLEN COVE, LANDFILL AND DEVELOPMENT COMPANY, MAC SANITARY LANDFILL, INC., KINSLEY'S LANDFILL, INC., AND DE LORENZO-INTERSTATE WASTE REMOVAL CO., INC. (NOW INTERSTATE WASTE REMOVAL CO., INC.), PLAINTIFFS-RESPONDENTS, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY AND RICHARD J. SULLIVAN, COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for appellants (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman of counsel and on the brief; Mr. Peter Herzberg and Mr. Nathan M. Edelstein, Deputy Attorneys General, on the brief).

Mr. Herbert F. Moore argued the cause for respondents (Messrs. Jamieson, McCardell, Moore, Peskin and Spicer, attorneys; Mr. Moore of counsel; Mr. Arthur Meisel, on the brief).

The opinion of the court was delivered by MOUNTAIN, J.

On November 18, 1975, this court rendered its decision in Hackensack Meadowlands v. Municipal Landfill Authority, 68 N.J. 451. The opinion upheld the constitutionality of L. 1973, c. 39, as supplemented by L. 1973, c. 363, known as the Waste Control Act, N.J.S.A. 13:1I-1 et seq. The principal purpose of this statute is to prohibit...

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