IN THE MATTER OF THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CIBA-GEIGY CORPORATION.
IN THE MATTER OF NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT ISSUED TO CIBA-GEIGY CORPORATION UNDER DATE OF MAY 8, 1985, EFFECTIVE JULY 1, 1985, PERMIT NO. NJ-0004120.
BOROUGH OF LAVALLETTE, BOROUGH OF SEASIDE PARK, OCEAN COUNTY CITIZENS FOR CLEAN WATER, SENATOR JOHN F. RUSSO, ASSEMBLYMAN JOHN PAUL DOYLE, FORMER ASSEMBLYWOMAN MARLENE LYNCH FORD, WILLIAM SKOWRONSKI, STEPHANIE WAUTERS, STEVEN A. MOLELLO, CHRISTINA MIICK, CHARLES KISSELMAN, MOE ALPERT, G. STANDFORD RAYMOND, NANCY McGREEVY, AND FRANK MASSERA, APPELLANTS,
v.
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CIBA-GEIGY CORPORATION, RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 14, 1990.
Decided July 16, 1990.
Attorney(s) appearing for the Case
Edward Lloyd argued the cause for appellants Borough of Lavallette, et al. (Edward Lloyd and Margaret Hayden, attorneys for Ocean County Citizens for Clean Water, et al., Steven A. Pardes, attorney for Borough of Lavallette and Terry F. Brady, attorney for Borough of Seaside).
Donald L. Morgan, a member of the District of Columbia bar, argued the cause for respondent Ciba-Geigy Corporation (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Michael L. Rodburg, of counsel; Donald L. Morgan and Michael L. Rodburg, on the briefs).
Paul Schneider, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Barbara A. Pryor, Special Deputy Attorney General, on the brief).
Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for amicus curiae Public Advocate of New Jersey (Thomas S. Smith, Jr., Acting Public Advocate, attorney; Susan Remis Silver, Assistant Deputy Public Advocate, on the brief).
James R. Zazzali submitted a brief on behalf of amici curiae Natural Resources Defense Council, Inc., and The Oceanic Society (Zazzali, Zazzali, Fagella & Nowak, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
This case primarily concerns the validity of the administrative procedures followed by the New Jersey Department of Environmental Protection (DEP) in issuing a permit that authorized Ciba-Geigy Corporation (Ciba-Geigy) to discharge an average of 5.9 million gallons per day of chemically-treated effluent into the Atlantic Ocean. On appeal, petitioners challenged the permit on several grounds, including whether DEP...
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