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1 STRATEGIC ENVIRONMENTAL v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 1000

... the environment or public health and safety, the provisions of [N.J.S.A. 13:1E-9.5] shall govern the issuance of and any challenge to, any ... 1E-125.9 (emphasis added).] 10 A-5283-12T 3 N.J.S.A. 13:1E-9.5 governs a challenge to an emergency order, and provides as ... imminent threat to the environment or public health and safety. [ N.J.S.A. 13:1E-9.5(c) (emphasis added).] On June 26, 2013, the Commissioner issued an emergency order pursuant to N.J.S.A. 13:1E-9.5(c) and -125.9. The Commissioner asserted that N.J ... review of agency action by the Superior Court, such as N.J.S.A. 13:1E-9.5(c), 'that designation should be construed to refer to the ... emissions did not present an imminent threat to the environment. N.J.S.A. 13:1E-9-5(c). III. Having reached the above conclusions, we need ...

docket:	a5283-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-13
status:	published
citation:	438 N.J.Super. 125 102 A.3d 939
Document Size:	59734