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NJ BUILDERS ASS'N v. NJ DEPT. OF ENVTL. PROTECTION

306 N.J. Super. 93 (1997)

NEW JERSEY BUILDERS ASSOCIATION, APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ROBERT C. SHINN, JR., COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Stephen M. Eisdorfer argued the cause for appellant (Hill Wallack, attorneys; Donna M. Jennings and Mr. Eisdorfer, of counsel and on the brief).

Cari J. Wild, Deputy Attorney General argued the cause for respondents (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Wild, on the brief).

Robert J. Del Tufo argued the cause for amicus curiae New Jersey Future (Skadden, Arps, Slate, Meagher & Flom, attorneys; Mr. Del Tufo, of counsel and on the brief).

Before Judges DREIER, KEEFE and PAUL G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

New Jersey Builders Association (Builders Association) challenges Administrative Order 1996-06, issued by the Commissioner of the Department of Environmental Protection (DEP) on July 29, 1996. The order, which was later published in the New Jersey Register, directed the DEP staff to apply departmental policies and regulations in a manner "consistent and compatible with" the State Development and...

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