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N.J. BLDRS. ASS'N v. DEPT. OF ENVIRONMENTAL PROTEC.

169 N.J. Super. 76 (1979)

404 A.2d 320

NEW JERSEY BUILDERS ASSOCIATION, ETC., ET AL., APPELLANTS, EDWARD WUILLERMIN ET AL., INTERVENORS, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF NEW JERSEY, ETC., ET AL., RESPONDENTS. TOWN OF HAMMONTON, APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Mr. Michael J. Gross argued the cause for appellants New Jersey Builders Association et al. (Messrs. Giordano, Halleran & Crahay, attorneys).

Mr. John Lee Madden argued the cause for intervenors.

Mr. Vincent J. Sgro argued the cause for appellant Town of Hammonton (Mr. Mark A. DeMarco on the brief).

Mr. Richard M. Hluchan, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Mr. John J. Degnan, Attorney General, attorney; Ms. Erminie L. Conley, Assistant Attorney General, of counsel (Messrs. Hluchan and Lawrence E. Stanley, Deputy Attorneys General, on the briefs).

Messrs. McTighe & McTighe filed a brief on behalf of amici curiae American Farm Bureau Federation and New Jersey Farm Bureau (Messrs. Allen A. Lauterbach, General Counsel, C. David Mayfield, Jerome I. Werderitch, Assistant Counsel and Arthur A. McTighe on the brief).

Mr. Benjamin Levine filed a brief on behalf of amicus curiae Environmental Defense Fund, Inc. (Mr. James T.B. Tripp, of counsel and on the brief).

Before Judges LYNCH, CRANE and HORN.

The opinion of the court was delivered by LYNCH, P.J.A.D. (retired and temporarily assigned).

By this appeal the New Jersey Builders Association and several affiliate Associations (hereafter Builders), together with a group of intervening farmers and the Town of Hammonton, challenge the validity of certain regulations adopted by the Commissioner of the Department of Environmental Protection (DEP) which (1) established water quality standards for the 760 square miles...

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