IN RE ADOPTION OF N.J.A.C. 7:26B


128 N.J. 442 (1992)

608 A.2d 288

IN RE ADOPTION OF N.J.A.C. 7:26B. PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, NEW JERSEY ENVIRONMENTAL LOBBY, AND KEITH ONSDORFF, AND SOCIETY FOR ENVIRONMENTAL ECONOMIC DEVELOPMENT, ASHLAND CHEMICAL COMPANY AND COOPER INDUSTRIES, INC., RESPONDENTS, AND CHEMICAL INDUSTRY COUNCIL OF NEW JERSEY, RESPONDENT AND CROSS-APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 7, 1992.


Attorney(s) appearing for the Case

Gerard Burke, Deputy Attorney General, argued the cause for appellant and cross-respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

Richard E. Wallace, Jr., a member of the District of Columbia bar, and Kenneth H. Mack argued the cause for respondents and respondent and cross-appellant (Picco, Mack, Herbert, Kennedy, Jaffe & Yoskin, attorneys; Richard E. Wallace, Kenneth H. Mack, and Susan C. Gieser, on the briefs).


The opinion of the Court was delivered by POLLOCK, J.

This appeal is the most recent chapter in New Jersey's ongoing efforts to clean up hazardous waste emanating from industrial sites. The appeal concerns the Environmental Cleanup Responsibility Act (ECRA), N.J.S.A. 13:1K-6 to -13, which requires the owners and operators of industrial sites either to develop a cleanup plan for real property contaminated by hazardous...

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