IN THE MATTER OF APPEAL OF ADOPTION OF N.J.A.C. 7:7A-1.4 (DEFINITION OF "DOCUMENTED HABITATS FOR THREATENED AND ENDANGERED SPECIES" AND "SWALE"), 7:7A-2.5(B)(2), AND 7:7A-2.7(F).
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 26, 1990.
Decided April 9, 1990.
Attorney(s) appearing for the Case
Michael J. Gross argued the cause for appellant New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross and Sharlene A. Hunt, of counsel; Michael J. Gross, Sharlene A. Hunt, Andrew B. Robins, and Jody V. Wilson, on the briefs).
James P. Wyse argued the cause for respondents New Jersey Conservation Foundation and New Jersey Audubon Society (Schenck, Price, Smith & King, attorneys; James P. Wyse, Anne E. Aronovitch, and Lauri L. Orfanelli, on the brief).
Carol A. Blasi, Deputy Attorney General, argued the cause for respondent State of New Jersey, Department of Environmental Protection (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel).
Richard E. Shapiro, Director, Division of Public Interest Advocacy, argued the cause for amicus curiae Public Advocate (Thomas S. Smith, Acting Public Advocate, attorney).
Dennis M. Toft submitted a brief on behalf of amicus curiae New Jersey Chapter of the National Association of Industrial and Office Parks (Wolff & Samson, attorneys).
William J. Wolf submitted a brief on behalf of amicus curiae Paul Sansone (Bathgate, Wegener, Wouters & Neumann, attorneys).
The Supreme Court of New Jersey.
PER CURIAM.
This appeal involves the validity of one of several regulations adopted by the Department of Environmental Protection (DEP) to implement the provisions of the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (the Act). In a companion case, the same panel of the Appellate Division as decided this case upheld the validity of all but one of the regulations challenged in that proceeding, striking...
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