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RIVERKEEPER v. ENVIRONMENTAL

Docket Nos. A-1821-17T3 A-1889-17T3.

229 A.3d 875 (2020)

463 N.J. Super. 96

DELAWARE RIVERKEEPER NETWORK, and Maya Van Rossum, Delaware Riverkeeper, Appellants, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent. Stony Brook-Millstone Watershed Association, Save Barnegat Bay, Raritan Headwaters Association, NY/NJ Baykeeper, Hackensack Riverkeeper, and Association of New Jersey Environmental Commissions, Appellants, v. New Jersey Department of Environmental Protection, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2020.

Attorney(s) appearing for the Case

Edward L. Lloyd argued the cause for appellants Delaware Riverkeeper Network, Maya Van Rossum, Delaware Riverkeeper, Stony Brook-Millstone Watershed Association, Save Barnegat Bay, Raritan Headwaters Association, NY/NJ Baykeeper, Hackensack Riverkeeper and Association of New Jersey Environmental Commissions in A-1821-17 (Columbia Law Environmental Clinic, Morningside Heights Legal Services, attorneys; Edward L. Lloyd and Susan J. Kraham , of counsel and on the briefs).

Eastern Environmental Law Center, Newark, attorneys for appellants Stony Brook-Millstone Watershed Association, Save Barnegat Bay, Raritan Headwaters Association, NY/NJ Baykeeper, Hackensack Riverkeeper and Association of New Jersey Environmental Commissions in A-1889-17 ( Dan Greenhouse and Aaron Kleinbaum , Newark, of counsel and on the briefs; Raghava Murthy , on the briefs).

Jacobine K. Dru , Deputy Attorney General, argued the cause for respondent New Jersey Department of Environmental Protection ( Gurbir S. Grewal , Attorney General, attorney; Jason W. Rockwell , Assistant Attorney General, of counsel; Jacobine K. Dru and Stephanie Raye Carney , Deputy Attorney General, on the brief).

Before Judges Koblitz, Gooden Brown and Mawla.

The opinion of the court was delivered by

The New Jersey Department of Environmental Protection (DEP)1 issued a renewal of the Tier A2 municipal separate storm sewer system (MS4) New Jersey Pollutant Discharge Elimination System (NJPDES) general permit on November...

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