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MATTER OF WATERFRONT DEVELOPMENT PERMIT # 87-1235-1

257 N.J. Super. 524 (1992)

608 A.2d 973

IN THE MATTER OF THE ISSUANCE OF A WATERFRONT DEVELOPMENT PERMIT # 87-1235-1 BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO THE UNION COUNTY UTILITIES AUTHORITY. CONCERNED CITIZENS FOR THE ENVIRONMENT, DAVID BROWN AND ANN PARKER, APPELLANTS, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND UNION COUNTY UTILITIES AUTHORITY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Edward Lloyd argued the cause for appellants (Edward Lloyd and Margaret M. Hayden, attorneys).

Catherine A. Tormey, Deputy Attorney General, argued the cause for respondent Department of Environmental Protection (Robert J. Del Tufo, Attorney General, attorney; Paul H. Schneider, Deputy Attorney General, of counsel; Catherine A. Tormey, on the brief).

Michael G. Luchkiw argued the cause for respondent Union County Utilities Authority (DeCotiis & Pinto, attorneys; Sheldon L. Cohen, of counsel; Jonathan L. Williams and Michael G. Luchkiw, on the brief).

Before Judges PRESSLER, SHEBELL and SKILLMAN.

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

The essential issue presented by this appeal is whether wetlands which the Army Corps of Engineers authorized to be filled prior to the effective date of the Freshwater Wetlands Protection Act (FWPA), N.J.S.A. 13:9B-1 to -30, and which are therefore exempt from regulation under that legislation, are nevertheless subject to regulation by the Department of Environmental Protection (DEP) under the Waterfront...

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