A. A. Mastrangelo, Inc., Avon Landfill Corp., Impac, Inc., Industrial Haulage Corp., Intercity Service, Inc., United…

Summary

The Supreme Court of New Jersey upheld the Department of Environmental Protection's (DEP) authority to provide general direction of inter‑district solid waste flow, but struck the portions of the regulations that required specific waste collectors to transport particular streams and designated specific facilities, finding those provisions exceeded DEP's statutory authority. The Court also held that the DEP satisfied the statutory requirement for a statewide plan, though it ordered the plan be clarified, and found the regulations were not arbitrary and capricious. The case was remanded for further administrative hearings.