IN RE N.J.A.C. 7:1B-1.1 ET SEQ.

Docket No. A-3514-11T2, A-4098-11T2

67 A.3d 621 (2013)

431 N.J. Super. 100

In re N.J.A.C. 7:1B-1.1 ET SEQ.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2013.


Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants American Littoral Society Association of New Jersey Environmental Commissions, Clean Ocean Action, Communications Workers of America, Delaware Riverkeeper Network, Edison Wetlands Association, Environment New Jersey, Food and Water Watch, Hackensack Riverkeeper, Health Professionals and Allied Employees, Hopewell Valley Citizens Group, New Jersey Audubon Society, New Jersey Environmental Federation, New Jersey Environmental Lobby, New Jersey Highlands Coalition, New Jersey Public Employees for Environmental Responsibility, New Jersey State Industrial Union Council, New York/New Jersey BayKeeper, Raritan Headwaters Association, Pinelands Preservation Alliance, Save Barnegat Bay, Sierra Club (New Jersey Chapter), Sourland Planning Council, Stony Brook-Millstone Watershed Association, Teamsters 877, Union of Rutgers Administrators (American Federation of Teachers Local 1766), United Steelworkers District Four, and Work Environmental Council of New Jersey in Docket No. A-3514-11T2 (Morningside Heights Legal Services, Inc., Environmental Law Clinic, Columbia Law School, attorneys; Mr. Lloyd and Susan J. Kraham , on the brief).

Gasiorowski & Holobinko, attorneys for appellant Michael Perlmutter in Docket No. A-4098-11T2, join in the brief of appellants in Docket No. A-3514-11T2.

Dean Jablonski , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection in Docket Nos. A-3514-11T2 and A-4098-11T2 ( Jeffrey S. Chiesa , Attorney General, attorney; Robert T. Lougy and Lewis A. Scheindlin , Assistant Attorneys General, of counsel; Mr. Jablonski, on the consolidated brief).

Paul H. Schneider argued the cause for amicus curiae New Jersey Builders Association (Giordano, Halleran & Ciesla, attorneys; Mr. Schneider and Afiyfa H. Ellington , Red Bank, on the brief).

Peter J. Gallagher argued the cause for amicus curiae New Jersey Business & Industry Association (Porzio, Bromberg & Newman, P.C., attorneys; Peter J. Wolfson , of counsel; Mr. Gallagher and Gregory S. Ricciardi , Morristown, on the brief).

Dennis M. Toft argued for amici curiae American Petroleum Institute, New Jersey Chamber of Commerce and NAIOP New Jersey Chapter, Inc. (Wolff & Samson, P.C., attorneys; John G. Valeri, Jr. , Mr. Toft and Daniel T. McKillop , West Orange, on the brief).

Before Judges PARRILLO, SABATINO and FASCIALE.


The opinion of the court was delivered by

PARRILLO, P.J.A.D.

In response to Executive Order No. 2(EO2), mandating State agencies to adopt rules for waiver to "ensure that regulations shall be efficient, consistent ..., accessible and transparent to all interested parties," 42 N.J.R. 577(a)-78 (Feb. 16, 2010), the Department of Environmental Protection (DEP or the Department) proposed new regulations entitled "Waiver of Department Rules," to be designated...

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