NATIONAL ASS'N OF BUILDERS v. N.J. DEPT. ENVIR.

No. CIV.A.98-2514 (GEB).

64 F.Supp.2d 354 (1999)

NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES and New Jersey Builders Association, Plaintiffs, v. State of NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Robert C. Shinn, Jr., Commissioner of the Department of Environmental Protection, Defendants.

United States District Court, D. New Jersey.

August 12, 1999.


Attorney(s) appearing for the Case

Paul H. Schneider, Giordano, Halleran & Ciesla, P.C., Lincroft, NJ, for Plaintiffs, National Association of Home Builders of the United States and New Jersey Home Builders Association.

Peter Verniero, Attorney General of New Jersey, Lewin Weyl, Deputy Attorney General, Rachel Horowitz, Deputy Attorney General, Office of New Jersey Attorney General, R.J. Hughes Justice Complex, Trenton, NJ, for Defendants, State of New Jersey Department of Environmental Protection and Robert C. Shinn, Jr., Commissioner of the Department of Environmental Protection.

Edward Lloyd, Ann Alexander, Rutgers Environmental Law Clinic, Newark, NJ, for Defendant-Intervenors, Hudson River Walkway Conservancy, Natural Resources Defense Council, American Littoral Society, New York/New Jersey Baykeeper, Coalition for a Better Waterfront, Fund for a Better Waterfront, and Friends of Weehawken Waterfront.


OPINION

BROWN, District Judge.

I. Introduction

There are three motions in the above-captioned matter presently before the Court for consideration: 1) Plaintiffs, National Association of Home Builders of the United States and New Jersey Home Builders Association's (hereinafter "Plaintiffs"), Motion for Summary Judgment; 2) Defendants, State of New Jersey Department of Environmental Protection...

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