Woodland Private Study Group, Minnesota Mining and Manufacturing Company, and Rohm and Haas Company, Respondents, v…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that Administrative Order AO‑69 is an administrative rule subject to the notice‑and‑comment requirements of the New Jersey Administrative Procedure Act. Because the Department of Environmental Protection failed to follow those procedures, the order is invalid. The Court also clarified the scope of the intra‑agency exception, requiring a substantial‑impact test.