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IN RE FRESHWATER WETLANDS ACT

852 A.2d 167 (2004)

180 N.J. 415

In the Matter of FRESHWATER WETLANDS PROTECTION ACT RULES, Statewide General Permit, Cranberry Expansion, Promulgated by New Jersey Department of Environmental Protection.

Supreme Court of New Jersey.

Decided July 20, 2004.

Attorney(s) appearing for the Case

Thomas A. Borden, Newark, argued the cause for appellants, American Littoral Society, Environmental Defense Fund, National Wildlife Federation, New Jersey Audubon Society, New Jersey Environmental Federation, New Jersey Environmental Lobby, New Jersey Public Interest Research Group Citizen Lobby, Inc., Sierra Club, New Jersey Chapter, and Pinelands Preservation Alliance (Rutgers Environmental Law Clinic, attorneys; Edward L. Lloyd, of counsel).

Rachel J. Horowitz, Deputy Attorney General, argued the cause for respondent, New Jersey Department of Environmental Protection (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel).

Chief Justice PORITZ delivered the opinion of the Court.

This case raises questions in respect of the validity of General Permit 23 (GP23), N.J.A.C. 7:7A-5.23, adopted by the New Jersey Department of Environmental Protection (DEP) in 1999.1 Appellants2 claim that GP23, which permits the limited expansion of existing cranberry growing operations in the Pinelands...

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