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N.J. CHAPTER OF NAIOP v. DEPT. OF ENVIRONMENTAL PROTECTION

241 N.J. Super. 145 (1990)

574 A.2d 514

NEW JERSEY CHAPTER OF THE NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS, A NEW JERSEY CORPORATION, APPELLANT, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 10, 1990.

Attorney(s) appearing for the Case

David Samson argued the cause for appellant (Kimmelman, Wolff & Samson, attorneys; Douglas P. Black, Dennis M. Toft and Donna Nance, on the brief).

Carol A. Blasi, Deputy Attorney General, argued the cause for respondent (Michael J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Carol A. Blasi, on the brief).

Before Judges KING, SHEBELL and BAIME.

The opinion of the court was delivered by KING, P.J.A.D.

We are again faced with challenges to certain regulations promulgated by the New Jersey Department of Environmental Protection (DEP), in implementing the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 to -30 (the Act or Wetlands Act). Last term we invalidated one such regulation, N.J.A.C. 7:7A-2.7(d)(1) and (2), while upholding several other freshwater wetland regulations and agency practices...

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