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IN RE DEP'T OF ENV. PROTECTION

DOCKET NO. A-0511-22.

309 A.3d 664 (2024)

477 N.J. Super. 618

IN RE Appeal of the NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION'S SEPTEMBER 6, 2022 DENIAL OF REQUEST FOR ADJUDICATORY HEARING UNDER N.J.A.C. 7:26C-9.10, DATED MAY 12, 2022, CONCERNING THE DEPARTMENT'S APRIL 20, 2022 NOTICE OF REMEDIATION IN PROGRESS WAIVER RESCISSION.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 2024.

Attorney(s) appearing for the Case

Roy D. Prather III (Beveridge & Diamond, PC), Baltimore, and John H. Paul (Beveridge & Diamond, PC) of the New York and District of Columbia bars, admitted pro hac vice, attorneys for appellant Clarios, LLC (Roy D. Prather III and John H. Paul, on the briefs).

Matthew J. Platkin , Attorney General, attorney for respondent New Jersey Department of Environmental Protection ( Sookie Bae-Park , Assistant Attorney General, of counsel; Bethanne Sonne Prugh , Deputy Attorney General, on the brief).

Riker Danzig, LLP, attorneys for intervenor 760 New Brunswick Urban Renewal Limited Liability Company ( Steven T. Senior , Morristown, of counsel and on the brief; Michael Steven Kettler , Morristown, on the brief).

Before Judges Whipple, Mayer and Enright.

The opinion of the court was delivered by

In this appeal we consider whether a Remediation in Progress waiver (RIP waiver) issued by the New Jersey Department of Environmental Protection (NJDEP) conveys a property interest to the recipient that is constitutionally protected by the right to due process. We conclude it does...

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