MATTER OF CERTAIN AMENDMENTS


258 N.J. Super. 290 (1992)

609 A.2d 501

IN THE MATTER OF CERTAIN AMENDMENTS TO THE ADOPTED AND APPROVED SOLID WASTE MANAGEMENT PLAN OF THE HUDSON COUNTY SOLID WASTE MANAGEMENT DISTRICT CERTIFIED BY THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION ON JANUARY 14, 1991. IN RE NEW JERSEY BOARD OF PUBLIC UTILITIES AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION EMERGENCY REDIRECTION OF SOLID WASTE FLOWS DATED FEBRUARY 1, 1991.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 1992.


Attorney(s) appearing for the Case

Stephen H. Skoller argued the cause for appellant Prolerized Schiabo Neu (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Michael L. Rodburg, of counsel; David A. Thomas, Fern F. Daves, Michael L. Rodburg and Stephen H. Skoller, on the brief).

James M. Hirschhorn argued the cause for respondent Hudson County Improvement Authority (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; James M. Hirschhorn, of counsel and on the brief).

Susan J. Vercheak, Deputy Attorney General, argued the cause for respondents Department of Environmental Protection and Board of Public Utilities (Robert J. Del Tufo, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Carla Vivian Bello, Senior Deputy Attorney General, on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent Hackensack Meadowlands Development Commission (George N. Cohen, Deputy Attorney General, on the brief).

Robert E. Barry, Hudson County Counsel, attorney for respondent County of Hudson (Kathleen M. Grant, Assistant County Counsel, on the brief).

Before Judges PRESSLER, SKILLMAN and D'ANNUNZIO.


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

The issue presented by this appeal is whether the emergency adoption of a solid waste flow redirection order must conform with the emergency rulemaking procedures of the Administrative Procedure Act.

The issue arises out of a series of administrative actions relating to the planned closure of Landfill I-E operated by the Hackensack Meadowlands Development Commission (HMDC), which formerly was the disposal...

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