IN RE ADOPTED AMENDMENTS TO


839 A.2d 60 (2003)

365 N.J. Super. 255

In the Matter of ADOPTED AMENDMENTS TO N.J.A.C. 7:7A-2.4.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 2003.


Attorney(s) appearing for the Case

Steven M. Dalton, Middletown, argued the cause for appellant New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross, of counsel; Paul H. Schneider and Mr. Dalton, on the brief).

Rachel Horowitz, Trenton, argued the cause for respondent Department of Environmental Protection (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Horowitz, Deputy Attorney General, on the brief).

Carter H. Strickland, Jr., Fayetteville, argued the cause for intervenors-respondents New Jersey Audubon Society, Environmental Defense, Association of New Jersey Environmental Commissions, New Jersey Conservation Foundation, the Pinelands Preservation Alliance and American Littoral Society (Rutgers Environmental Law Clinic, attorneys; Thomas A. Borden, on the brief).

Before Judges CONLEY, CARCHMAN and WECKER.


The opinion of the court is delivered by CONLEY, P.J.A.D.

In this Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, appeal, the New Jersey Builders Association (Builders) challenges as ultra vires the Department of Environmental Protection's (DEP) 2002 amendment to N.J.A.C. 7:7A-2.4 which adopts the Landscape Project method to classify those wetlands which support the habitats of threatened...

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