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TP. OF HOWELL v. WASTE DISPOSAL, INC.

207 N.J. Super. 80 (1986)

504 A.2d 19

TOWNSHIP OF HOWELL AND TOWNSHIP OF HOWELL BOARD OF HEALTH, PLAINTIFFS-APPELLANTS, v. WASTE DISPOSAL, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, AND STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. WASTE DISPOSAL, INC., A NEW JERSEY CORPORATION, AND SCA SERVICES, INC., A DELAWARE CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Michael Gordon argued the cause for appellants (Gordon and Gordon, attorneys, Michael Gordon, on the brief).

Theodore A. Schwartz argued the cause for respondents, Waste Disposal, Inc., (Schwartz, Tobia and Stanziale, attorneys, Warren B. Kosdan, on the brief).

Marty M. Judge, Deputy Attorney General, argued the cause for respondent, State of New Jersey, Department of Environmental Protection (Irwin I. Kimmelman, Attorney General, Marty M. Judge on the brief, James J. Ciancia, Assistant Attorney General, of counsel).

Richard E. Shapiro, Deputy Public Advocate, argued the cause for amicus curiae, State of New Jersey, Department of the Public Advocate (Alfred A. Slocum, Public Advocate, Richard E. Shapiro of counsel, Bruce S. Schwartz, Assistant Deputy Public Advocate, on the brief).

Before Judges KING, SIMPSON and SCALERA.

The opinion of the court was delivered by SCALERA, J.S.C. T/A

This case involves the question of who and under what circumstances persons other than the State Department of Environmental Protection can sue to enforce diverse environmental protection legislation enacted in New Jersey. We are called upon to thread through statutes and common law rights and arrive at solutions which will protect the very important public interests involved, yet preserve the rights of...

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