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Woodland Private Study Group v. State

ELR Citation: 16 ELR 20645
Nos. No. A-4040-84TI, 507 A.2d 300/209 N.J. Super. 261, (N.J. Super. Ct. App. Div., 04/08/1986)

The court holds that an administrative order issued by the Department of Environmental Protection (DEP) Commissioner insuring DEP control of any remedial investigation/feasibility study of hazardous discharges under the New Jersey Spill Act is a rule subject to the procedural requirements of the Administrative Procedure Act and is therefore invalid. Despite the Cmmissioner's characterization of it as a policy statement, the court finds that the order, entitled "Participation of Responsible Parties in the Development of Remedial Investigations and Feasibility Studies," does not merely state internal guidelines, but establishes policy applicable to an industry.

Counsel for Plaintiffs
William H. Hyatt Jr., William J. Friedman
Pitney, Hardin, Kipp & Szuch
163 Madison Ave., CN 1945, Morristown NJ 07960-1945
(201) 267-3333

Counsel for Respondents
W. Cary Edwards, Attorney General
Michael K. Cole, Ass't Attorney General
Dept. of Law & Public Safety
8th Fl., Justice Complex, CN080, Trenton, NJ 08625
(609) 292-8740