Legal Opinion
In re Emergency Redirection of Solid Waste
New Jersey Superior Court Appellate Division
Decided July 20, 1994PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
COLEMAN, P.J.A.D.
The narrow issue we decide in these appeals is whether an order by The Commissioner of the Department of Environmental Protection and Energy (DEPE) redirecting the flow of solid waste from an out-of-state landfill to the Cape May County Municipal Utilities Authority (CMCMUA) Landfill purely for economic rea*4sons, was based on an “emergency condition.” We hold there was no emergency condition and the order is therefore vacated.
I
The controlling facts are not disputed. CMCMUA owns a landfill located in Woodbine and Upper Township, New…
2Cases cited13 opinions
- C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
- Close v. Kordulak Bros.Supreme Court of New Jersey · 1965
- Goodman v. London Metals Exchange, Inc.Supreme Court of New Jersey · 1981
- Worthington v. FauverSupreme Court of New Jersey · 1982
- Grogan v. DeSapioSupreme Court of New Jersey · 1953
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3Cited by1 opinion
- Waste Management of Pennsylvania, Inc. v. ShinnDistrict Court, D. New Jersey · 1996