IN THE MATTER OF EMERGENCY REDIRECTION OF SOLID WASTE FROM ATLANTIC COUNTY TO THE CAPE MAY COUNTY LANDFILL.
IN RE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY EMERGENCY REDIRECTION OF SOLID WASTE FROM ATLANTIC COUNTY TO CAPE MAY COUNTY.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 23, 1994.
Decided July 20, 1994.
Attorney(s) appearing for the Case
Whitman Breed Abbott & Morgan, attorneys for appellant Miners Fuel Company, Inc. (Andrew Muscato and David A. Roth, on the brief).
Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent Department of Environmental Protection and Energy (Andrea Silkowitz, Assistant Attorney General, of counsel; Leslie Dannin Rosenthal, Deputy Attorney General, on the brief).
Higgins, Slachetka & Long, attorneys for respondent Cape May County Municipal Utilities Authority (Mr. Higgins, on the brief).
Sandra T. Ayres argued the cause for appellant Waste Management of Pennsylvania (Schwartz, Tobia & Stanziale, attorneys; Ms. Ayres, on the brief).
Leslie Dannin Rosenthal, Deputy Attorney General, and Gail M. Lambert, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection and Energy (Deborah T. Poritz, Attorney General of New Jersey, attorney; Andrea Silkowitz, Assistant Attorney General, of counsel; Ms. Rosenthal, on the brief).
Thomas S. Higgins argued the cause for respondent Cape May County Municipal Utilities Authority (Higgins, Slachetka & Long, attorneys; Mr. Higgins, on the brief).
William J. Linton argued the cause for respondent Atlantic County Utilities Authority (Mr. Linton, General Counsel and on the letter brief).
Before Judges COLEMAN, MUIR, Jr., and THOMAS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COLEMAN, P.J.A.D.
The narrow issue we decide in these appeals is whether an order by The Commissioner of the Department of Environmental Protection and Energy (DEPE) redirecting the flow of solid waste from an out-of-state landfill to the Cape May County Municipal Utilities Authority (CMCMUA) Landfill purely for economic reasons, was based on an "emergency condition."...
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