Citizens for Equity v. New Jersey Department of Environmental Protection

We affirm the judgment of the Appellate Division substantially for the reasons set forth in the majority opinion below. 252 N.J.Super. 62, 599 A.2d 516 (1990). We add these observations to address two of appellants’ contentions: (1) that the revised regulations^adopted by the New Jersey Department of Environmental Protection (DEP) are unauthorized, arbitrary, and unfair, and (2) that the regulations cannot be applied to claims filed prior to their adoption because DEP failed to disclose that it had stopped processing claims while it considered revising the regulations.

It is undisputed that…