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TAC v. NEW JERSEY DEP. OF ENVIRONMENTAL PROTECTION

Docket No. A-1044-08T1

973 A.2d 969 (2009)

408 N.J. Super. 117

TAC ASSOCIATES, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and The New Jersey Economic Development Authority, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Howard P. Davis, Englewood Cliffs, argued the cause for appellant (The Law Office of Howard Davis, attorneys; Mr. Davis, of counsel; Anne Ronan and Deborah Ritter, on the brief).

Kimberly A. Hahn, Deputy Attorney General, argued the cause for respondents (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Hahn, on the brief).

Before Judges WINKELSTEIN, FUENTES and GILROY.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we are required to determine the validity of a regulation promulgated by the New Jersey Economic Development Authority (EDA) to implement certain sections of the Hazardous Discharge Site Remediation Fund, N.J.S.A. 58:10B-4(a), "a special, revolving fund [established by the Legislature] for the purpose of financing remediation activities...

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