FEDERAL PACIFIC v. DEPT. ENVIRON.


759 A.2d 851 (2000)

334 N.J. Super. 323

FEDERAL PACIFIC ELECTRIC CO., Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 22, 2000.


Attorney(s) appearing for the Case

Dennis J. Krumholz, Morristown, argued the cause, for appellant (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Krumholz, of counsel and, with Marilynn R. Greenberg and Marcella M. Bodner, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Michael L. Rodburg argued the cause for amicus curiae New Jersey Petroleum Council (Lowenstein Sandler, attorneys; Mr. Rodburg and Jeffrey B. Gracer, of counsel, and on the brief with Tirza S. Wahrman of the New York bar).

Reed Smith Shaw & McClay, Newark, attorneys for amicus curiae Chemical Industry Council of New Jersey (Steven J. Picco, of counsel and, with Diane Bettino, on the brief).

Methfessel & Werbel, Edison, attorneys for amicus curiae 2B Environmental, Inc. (Albert I. Telsey, on the brief).

Before Judges KESTIN, WEFING and STEINBERG.


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

In a letter dated July 24, 1997, a section supervisor in the Department of Environmental Protection's (Department) Bureau of Environmental Evaluation and Cleanup Responsibility Assessment disapproved the groundwater component of Federal Pacific Electric Company's (FPE) remedial action workplan for complying with the requirements of the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:1K-6 to -13 (sometimes...

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