ENERGY REC. v. DEPT. OF ENV. PROT.


726 A.2d 968 (1999)

320 N.J. Super. 59

CAMDEN COUNTY ENERGY RECOVERY ASSOCIATES, L.P., a New Jersey Limited Partnership, Plaintiff-Respondent, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and New Jersey Department of Community Affairs, Division of Local Government Services, Defendants-Appellants, and Board of Chosen Freeholders of the County of Camden, Pollution Control Financing Authority of Camden County, and Camden County Improvement Authority, Defendants-respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1999.


Attorney(s) appearing for the Case

James H. Martin, Deputy Attorney General, for defendants-appellants (Peter Verniero, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Martin and Daniel P. Reynolds, Deputy Attorney General, on the brief).

Robert G. Millenky, Blackwood, for defendant-respondent Board of Chosen Freeholders of Camden County (Mr. Millenky, attorney; Deborah Silverman Katz, on the brief).

Gage Andretta, Roseland, for plaintiff-respondent Camden County Energy Recovery Associates, L.P. (Wolff & Samson, attorneys; Mr. Andretta and Stephen Bier, on the brief).

William M. Tambussi, Westmont, for defendants-respondents Pollution Control Financing Authority of Camden County and Camden County Improvement Authority (Brown & Connery, attorneys; Mr. Tambussi and Susan M. Kanapinski, Mount Holly, on the brief).

Before Judges LONG, WEFING and CARCHMAN.


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

In Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County, 931 F.Supp. 341, 358 (D.N.J. 1996), the district court struck down as unconstitutional under the dormant commerce clause (U.S. Const. art. I, § 8, cl. 3) a body of New Jersey law designed to regulate and control waste flow and disposal within the State...

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