IN RE ADOPTION OF N.J.A.C. 7:26B.
PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, NEW JERSEY ENVIRONMENTAL LOBBY, KEITH ONSDORFF, SOCIETY FOR ENVIRONMENTAL ECONOMIC DEVELOPMENT, CHEMICAL INDUSTRY COUNCIL OF NEW JERSEY, ASHLAND CHEMICAL COMPANY AND COOPER INDUSTRIES, INC., APPELLANTS,
v.
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued November 15, 1990.
Decided May 6, 1991.
Attorney(s) appearing for the Case
Edward Lloyd argued the cause for appellant Public Interest Research Group of New Jersey, New Jersey Environmental Lobby and Keith Onsdorf (Deborah Schwenk, on the brief).
Kenneth H. Mack argued the cause for appellants Society for Environmental, Economic Development and Chemical Industry Council of New Jersey (Picco Mack Kennedy Jaffe Perrella & Yoskin, attorneys; Steven J. Picco and Kenneth H. Mack, of counsel; Kenneth H. Mack and Linda Mack, on the brief).
Anthony King, admitted pro hac vice, argued the cause for Ashland Chemical Company and Cooper Industries, Inc. (Kaye, Scholer, Fierman, Hays & Handler, attorneys; Christopher H. Marraro, of counsel and on the brief).
Gerard D. Burke, Deputy Attorney General, argued the cause for respondent, Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Paul H. Schneider, Deputy Attorney General, on the brief).
Before Judges KING, R.S. COHEN and STERN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KING, P.J.A.D.
This is a challenge by industry and environmental appellants to regulations promulgated by the Department of Environmental Protection (DEP) to implement the Environmental Cleanup Responsibility Act (ECRA or the Act), N.J.S.A. 13:1K-6 to -14, L. 1983, c. 330. ECRA imposes responsibilities on owners and operators of industrial establishments...
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