ADOPTION OF AMEND. TO NORTHEAST

DOCKET NOS. A-5266-07T3, A-5271-07T3, A-5990-07T3, A-5993-07T3

90 A.3d 642 (2014)

435 N.J. Super. 571

In the Matter of ADOPTION OF AMENDMENTS TO the NORTHEAST, UPPER RARITAN, SUSSEX COUNTY and Upper Delaware Water Quality Management Plans to Establish Total Maximum Daily Loads in the Non-Tidal Passaic River Basin and Pompton Lake/Ramapo River Addressing Phosphorus Impairments and to Establish Watershed Criteria.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2014.

Remanded July 21, 2009.

Reargued March 5, 2014.


Attorney(s) appearing for the Case

Diane Alexander argued the cause for appellants Pequannock, Lincoln Park & Fairfield Sewerage Authority, Hanover Sewerage Authority, and Madison-Chatham Joint Meeting (Maraziti, Falcon & Healey, L.L.P., attorneys; Ms. Alexander, Short Hills, of counsel and on the briefs).

Robert A. Goodsell argued the cause for appellant Warren Township Sewerage Authority (Post, Polak, Goodsell, MacNeill & Strauchler, P.A., attorneys; Mr. Goodsell, Roseland, of counsel and on the briefs; Alexa E. Miller , on the briefs).

Jane F. Engel , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Engel, on the brief).

William R. Lundsten argued the cause for respondent North Jersey District Water Supply Commission (DeCotiis, Fitz-Patrick & Cole, LLP, attorneys; Mr. Lundsten, of counsel; Kevin M. Kinsella , Teaneck, on the brief).

Before Judges GRALL, WAUGH, and ACCURSO.


The opinion of the court was delivered by

WAUGH, J.A.D.

Appellants Pequannock, Lincoln Park and Fairfield Sewerage Authority (Two Bridges), Hanover Sewerage Authority (Hanover), Madison-Chatham Joint Meeting (Madison-Chatham), and Warren Township Sewerage Authority (WTSA) appeal the determination of respondent New Jersey Department of Environmental Protection (Department), following a remand1 from this court, that it would be institutionally...

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