IN RE N.J.A.C. 7:26E-1.13


871 A.2d 711 (2005)

377 N.J. Super. 78

In re ADOPTION OF N.J.A.C. 7:26E-1.13.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 2005.


Attorney(s) appearing for the Case

Dennis J. Krumholz, Morristown, argued the cause for appellant Federal Pacific Electric Company (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Mr. Krumholz and Marilynn R. Greenberg, of counsel; Steven T. Senior and Bryan J. Ng, on the brief).

Edward F. McTiernan, Newark, argued the cause for appellant New Jersey State Chamber of Commerce (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. McTiernan, of counsel; Paul M. Hauge, on the brief).

Jane F. Engel, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Mariellen Dugan, Acting Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Engel, on the brief).

Reed Smith, attorneys for amici curiae Chemistry Council of New Jersey and New Jersey Petroleum Council, a division of the American Petroleum Institute (Steven J. Picco, of counsel; Thomas J. Burns III, and Christina Stummer, on the brief).

Lowenstein Sandler, attorneys for amicus curiae Technical Regulations Advisory Coalition (Stephen W. Smithson and John A. Orlowski, on the brief).

Rutgers Environmental Law Clinic, attorneys for amici curiae Edison Wetlands Association, New York/New Jersey Baykeeper, New Jersey Environmental Federation, New Jersey Work Environment Council, New Jersey Environmental Justice Alliance, and Ironbound Community Corporation (Susan J. Kraham, of counsel and on the brief).

Before Judges COBURN, S.L. REISNER and GRAVES.


The opinion of the court was delivered by

COBURN, J.A.D.

At issue is the validity of a regulation, N.J.A.C. 7:26E-1.13, adopted by the Department of Environmental Protection ("DEP" or "Department") on February 3, 2003. The regulation was intended to implement key provisions of the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 to -31 ("Brownfield Act"). To that end, it sets minimum ground water1

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