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NEW JERSEY BUILDERS ASS'N v. FENSKE

249 N.J. Super. 60 (1991)

591 A.2d 1362

NEW JERSEY BUILDERS ASSOCIATION, PLAINTIFF-APPELLANT, v. HELEN FENSKE, ACTING COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1991.

Attorney(s) appearing for the Case

George J. Tyler argued the cause for appellant (Giordano, Halleran & Ciesla, attorneys, George J. Tyler and Michael J. Gross, of counsel and on the brief, Patrick J. McNamara on the brief).

Valerie W. Haynes, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney, Mary C. Jacobson, Deputy Attorney General, of counsel, Valerie W. Haynes on the brief).

Before Judges J.H. COLEMAN, DREIER and LANDAU.

The opinion of the court was delivered by LANDAU, J.A.D.

On September 6, 1989, following a year of public notice and extended opportunity for comment, the Department of Environmental Protection (DEP) adopted new comprehensive "Statewide Water Quality Management Planning Rules" acting under authority of the Water Quality Planning Act, N.J.S.A. 58:11A-1, et seq., the Water Pollution Control Act, N.J.S...

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