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IN RE HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES

No. A-0984-05T1

952 A.2d 487 (2008)

401 N.J. Super. 587

In re HIGHLANDS WATER PROTECTION AND PLANNING ACT RULES, N.J.A.C. 7:38-1 et seq.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 2008.

Attorney(s) appearing for the Case

Robert P. Zoller, Trenton, argued the cause for appellant New Jersey Farm Bureau (Sterns & Weinroth, attorneys; Mr. Zoller, Christopher E. Torkelson and Jason T. Stypinski, on the brief).

Barbara L. Conklin, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Conklin, on the brief).

Before Judges SKILLMAN, YANNOTTI and LeWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

In August 2004, the Governor signed into law the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35.1 This legislation establishes a state agency, called the Highlands Water Protection and Planning Council (Highlands Council), N.J.S.A. 13:20-4, which is delegated responsibility...

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