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IN RE ADOPTION OF AMENDMENTS AT N.J.A.C. 7:27-27.1

920 A.2d 111 (2007)

392 N.J. Super. 117

In re ADOPTION OF AMENDMENTS AND NEW REGULATIONS AT N.J.A.C. 7:27-27.1, -27.2, -27.4, -27.5, -27.6, -27.7, -27.8, -27.9 and -27.11, and N.J.A.C. 7:27A-3.10. In re Control and Prohibition of Mercury Emissions (Adopted Amendments of N.J.A.C. 7:27-27.1, -27.2, -27.4, -27.9 and 7:27A-3.10, and New Rules N.J.A.C. 27.5, 27.6, 27.7, and 27.8).

Superior Court of New Jersey, Appellate Division.

Decided April 13, 2007.

Attorney(s) appearing for the Case

Marty M. Judge, Princeton, argued the cause for appellant Gerdau AmeriSteel in A-2445-04T2 (Drinker Biddle & Reath, attorneys; Mr. Judge, of counsel and on the brief).

Joseph J. Green (Kelley Drye Collier Shannon) of the Virginia and District of Columbia bars, admitted pro hac vice, Washington, DC, Arlington, VA, argued the cause for appellant Steel Manufacturers Association in A-2476-04T2 (Kirkpatrick & Lockhart Nicholson Graham and John L. Wittenborn, Washington, DC (Kelley Drye Collier Shannon) of the District of Columbia, Indiana and Ohio bars, admitted pro hac vice, attorneys; Brian S. Montag, Newark, of counsel; Mr. Wittengorn, of counsel and on the brief).

Howard Geduldig, Deputy Attorney General, argued the cause for respondent NJDEP in both appeals (Stuart Rabner, Attorney General of New Jersey, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Geduldig, on the brief).

Before Judges LEFELT, PARRILLO and SAPP-PETERSON.

The opinion of the court was delivered by

PARRILLO, J.A.D.

On November 4, 2004, the New Jersey Department of Environmental Protection (DEP) issued the first regulations ever to control mercury emissions from iron and steel melters. The only prior controls on mercury emissions were in the melters' operating permits, which are specific to each facility and widely different. Moreover, none of the iron and steel facilities in New Jersey is currently covered by...

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