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REGIONAL RECYCLING v. STATE, DEPARTMENT OF ENVIRONMENTAL

127 N.J. 568 (1992)

606 A.2d 815

REGIONAL RECYCLING, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, DEFENDANT-RESPONDENT, AND COUNTY OF ESSEX, DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT, DIVISION OF SOLID WASTE MANAGEMENT, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 12, 1992.

Attorney(s) appearing for the Case

Thomas A. McKinney, argued the cause for appellant (Waldman, Renda & McKinney, attorneys).

Craig S. Provorny, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

PER CURIAM.

A dissenting opinion in the Appellate Division presents the narrow issue posed by this appeal: whether Essex County or the Department of Environmental Protection and Energy (DEPE) should first entertain appellant's application for a solid waste facility (SWF) permit for the recycling facility and transfer station it has operated in Newark since at least 1987. The Appellate Division majority held that DEPE cannot grant an SWF permit to an Essex County facility...

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