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TAC ASSOC. v. DEPT. OF ENV. PROT.

A-57 September Term 2009.

998 A.2d 450 (2010)

202 N.J. 533

TAC ASSOCIATES, Petitioner-Respondent, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and The New Jersey Economic Development Authority, Respondents-Appellants.

Supreme Court of New Jersey.

Decided July 15, 2010.

Attorney(s) appearing for the Case

Kimberly A. Hahn, Deputy Attorney General, argued the cause for appellants (Paula T. Dow, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Ms. Hahn on the briefs).

Howard P. Davis, Englewood Cliffs, argued the cause for respondent (Mr. Davis of counsel; Mr. Davis, Anne M. Ronan, Deborah J. Ritter, Princeton, and Eric M. Grille, on the briefs).

Justice LONG delivered the opinion of the Court.

The Department of Environmental Protection (DEP) rejected an application for an Innocent Party Grant (IPG), a remedy under the Brownfield and Contaminated Site Remediation Act (BCSRA or "the Act") intended to help certain owners of contaminated property defray the cost of remediation. N.J.S.A. 58:10B-5(d). The rejection was based on the fact that the applicant no longer owned the property and "[p]ursuant to the...

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