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MATTER OF CERTAIN AMENDMENTS

133 N.J. 206 (1993)

627 A.2d 614

IN THE MATTER OF CERTAIN AMENDMENTS TO THE ADOPTED AND APPROVED SOLID WASTE MANAGEMENT PLAN OF THE HUDSON COUNTY SOLID WASTE MANAGEMENT DISTRICT CERTIFIED BY THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION ON JANUARY 14, 1991. IN RE NEW JERSEY BOARD OF PUBLIC UTILITIES AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION EMERGENCY REDIRECTION OF SOLID WASTE FLOWS DATED FEBRUARY 1, 1991.

The Supreme Court of New Jersey.

Decided July 20, 1993.

Attorney(s) appearing for the Case

James M. Hirschhorn argued the cause for appellant Hudson County Improvement Authority (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Hirschhorn and Philip A. Bramson, on the briefs).

Susan J. Vercheak, Deputy Attorney General, argued the cause for appellant Department of Environmental Protection and Energy (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Vercheak and Carla Vivian Bello, Deputy Attorney General, on the briefs).

Michael L. Rodburg argued the cause for respondent Prolerized Schiabo Neu Company (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Mr. Rodburg and David A. Thomas, on the brief).

George N. Cohen, Deputy Attorney General, submitted a letter in lieu of brief on behalf of Hackensack Meadowlands Development Commission (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Kathleen M. Grant, Assistant County Counsel, submitted a letter in lieu of brief on behalf of respondent County of Hudson (Francis De Leonardis, Hudson County Counsel, attorney).

The opinion of the Court was delivered by HANDLER, J.

This case involves the interrelationship between two statutes — the Administrative Procedure Act and the Solid Waste Management Act — and their application to administrative orders regulating the disposition of solid waste. Both statutes delineate extensive procedures for the promulgation of administrative regulations.

The Department of Environmental Protection and the Board of Public Utilities...

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