In Re Adoption of N.j.a.c. 7:26b. Public Interest Research Group of New Jersey, New Jersey Environmental Lobby, And…

Summary

The Supreme Court of New Jersey held that the DEP's definitions of “cleanup plan” and “industrial establishment” in N.J.A.C. 7:26B-1.3 are within the statutory authority granted by the Environmental Cleanup Responsibility Act, affirming the definition of industrial establishment and reversing the Appellate Division’s invalidation of the cleanup‑plan definition. Justice Garibaldi, dissenting, argued that the legislature did not intend to extend liability to off‑site contamination.