CITIZENS v. DEPT. OF ENV. PROTECTION


252 N.J. Super. 62 (1990)

599 A.2d 516

CITIZENS FOR EQUITY, ET AL., APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT. IN THE MATTER OF THE ADOPTION OF N.J.A.C. 7:1I (SANITARY LANDFILL FACILITY CONTINGENCY FUND REGULATIONS). WALTER CORSON AND CATHERINE CORSON, HIS WIFE, ET AL., PLAINTIFFS-APPELLANTS, AND CITIZENS FOR EQUITY, ET AL., PLAINTIFFS/INTERVENORS/APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1990.


Attorney(s) appearing for the Case

Cynthia L. Samuels, Assistant Deputy Public Advocate, argued the cause for appellant Thomas S. Smith, Jr., Acting Public Advocate (A-365-88T5).

Donna L. Cettei argued the cause for appellants Citizens For Equity, et al. (Klein, Cettei, Halden & Gittelman, attorneys) (A-271-88T5 and A-2465-88T5).

Thomas H. Ward argued the cause for appellants Walter Corson and Catherine Corson, et al. (Albertson, Ward & McCaffrey, attorneys) (A-2465-88T5).

Mary C. Jacobson, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney).

Before Judges GAULKIN, SCALERA and D'ANNUNZIO.


PER CURIAM.

Effective July 18, 1988, the Department of Environmental Protection (DEP) revised its regulations (N.J.A.C. 7:1I-1.1 et seq.) adopted pursuant to the Sanitary Landfill Facility Closure and Contingency Fund Act (Act) (N.J.S.A. 13:1E-100 et seq.). Appellants in these consolidated appeals challenge the revised regulations and urge that the prior regulations should be applicable in...

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