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IN RE FRESHWATER WETLANDS ACT RULES

852 A.2d 1083 (2004)

180 N.J. 478

In the Matter of FRESHWATER WETLANDS PROTECTION ACT RULES.

Supreme Court of New Jersey.

Decided July 26, 2004.

Attorney(s) appearing for the Case

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

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).

Thomas A. Borden, Newark, submitted a brief on behalf of amici curiae, Association of New Jersey Environmental Commissions, New Jersey Audubon Society, NY/NJ Baykeeper, Hackensack Riverkeeper and New Jersey Environmental Lobby.

Justice WALLACE delivered the opinion of the Court.

In this appeal we determine the validity of certain rules adopted by the New Jersey Department of Environmental Protection (DEP) under the Freshwater Wetlands Protection Act (Act), N.J.S.A. 13:9B-1 to -30. The New Jersey Builders Association (Builders Association) asserts that DEP exceeded its authority under the Act by adopting rules to restrict (1) residential...

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