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AMERICAN PETRO. INST. v. N.J. D.E.P.

230 N.J. Super. 563 (1989)

554 A.2d 3

AMERICAN PETROLEUM INSTITUTE, APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT, AND AMERICAN LUNG ASSOCIATION OF N.J.; NATURAL RESOURCES DEFENSE COUNCIL, INC.; NEW JERSEY ENVIRONMENTAL LOBBY; NEW JERSEY AUDUBON SOCIETY; SIERRA CLUB, NEW JERSEY CHAPTER; N.J. PUBLIC INTEREST RESEARCH GROUP; NEW JERSEY ENVIRONMENTAL FEDERATION; AMERICAN LITTORAL SOCIETY, INTERVENOR/CO-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1989.

Attorney(s) appearing for the Case

Dennis M. Toft argued the cause for appellant (Kimmelman, Wolff & Samson, attorneys; G. William Frick, David T. Deal, and Thomas S. Llewellyn, of counsel; Dennis M. Toft, on the brief).

Paul H. Schneider, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Paul H. Schneider, on the brief).

Edward Lloyd argued the cause for intervenor/co-respondents (Rutgers Environmental Law Clinic and Natural Resources Defense Council, Inc., co-counsel; William W. Buzbee, Eric A. Goldstein, and Edward Lloyd, on the brief).

Before Judges PRESSLER, SCALERA and STERN.

PER CURIAM.

Appellant American Petroleum Institute challenges the promulgation by the Department of Environmental Protection, pursuant to the authority of the Air Pollution Control Act, N.J.S.A. 26:2C-8.1 to 8.5 (control of air contaminants from motor vehicles), of amendments of N.J.A.C. 7:27-16.1 and 16.3 which prescribe an implementation schedule for what is known as Stage II Vapor Recovery. Stage II Vapor Recovery is a system designed to capture gasoline...

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