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


891 A.2d 1203 (2006)

186 N.J. 81

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

Supreme Court of New Jersey.

Decided February 28, 2006.


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, on the briefs).

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

Jane F. Engel, Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection (Zulima V. Farber, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel).

Thomas J. Burns III, Princeton, submitted a letter in lieu of brief on behalf of amici curiae American Petroleum Institute and Chemistry Council of New Jersey (Reed Smith, attorneys).

Susan J. Kraham, Staff Attorney, Rutgers Environmental Law Clinic, submitted a letter in lieu of brief on behalf of 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.

Stephen W. Smithson, Roseland, submitted a brief on behalf of amicus curiae Technical Regulations Advisory Coalition (Lowenstein Sandler, attorneys).


PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in Judge Coburn's opinion for the Appellate Division, reported at 377 N.J.Super. 78, 871 A.2d 711 (2005).

For affirmance—Chief Justice PORITZ and Justices LONG, LaVECCHIA, ALBIN, WALLACE and RIVERA-SOTO—6.

Opposed

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