Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 27, 2006.
Decided April 12, 2006.
Attorney(s) appearing for the Case
Paul H. Schneider argued the cause for appellant, New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Michael J. Gross, of counsel; Mr. Schneider and Steven M. Dalton, Middletown, on the brief).
John A. Covino, 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. Schuit, Deputy Attorney General, and Mr. Covino, on the brief).
Carter H. Strickland of Rutgers Environmental Law Clinic, attorneys for amici curiae, American Littoral Society, Association of New Jersey Environmental Commissions, Delaware Riverkeeper Network, Delaware Riverkeeper, Hackensack Riverkeeper, New Jersey Audubon Society, New Jersey Conservation Foundation, New Jersey Conservation Foundation, New Jersey Environmental Federation, New Jersey Public Interest Research Group, Raritan Baykeeper, Inc. (d/b/a New York/New Jersey Baykeeper), and Sierra Club-New Jersey (Carole L. Hendrick of the Pennsylvania bar, admitted pro hac vice, of counsel; Mr. Strickland, on the brief).
Before Judges LINTNER, PARRILLO and HOLSTON, JR.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
PARRILLO, J.A.D.
At issue is the validity of a regulation, N.J.A.C. 7:8-5. 5(h), adopted by the New Jersey Department of Environmental Protection (DEP) on February 2, 2004, as part of a comprehensive scheme governing stormwater management, N.J.A.C. 7:8-1.1 to -6.3, inclusive, and repealing then existing stormwater management rules. The challenged regulation creates a 300-foot buffer on each side of water...
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