Legal Opinion

Public Service Electric & Gas Co. v. New Jersey Department of Environmental Protection

Supreme Court of New Jersey

Decided November 25, 1985PublishedCited by 80 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

The central issue in this appeal is whether the Department of Environmental Protection has correctly established permit fees for dischargers of heated effluent into the State’s waterways. The statutory scheme prescribes that such permit fees “shall be based upon * * * the estimated cost of processing, monitoring and administering the * * * permits.” N.J.S.A. 58:10A-9. In deciding that issue we must determine whether the agency has fairly allocated its costs among all categories of permit holders and whether within the category of thermal…

2Cases cited27 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Henry v. Rahway State PrisonSupreme Court of New Jersey · 1980
  3. Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
  4. Campbell v. Department of Civil ServiceSupreme Court of New Jersey · 1963
  5. Bergen Pines County Hospital v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 1984

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3Cited by80 opinions

  1. Brady v. Board of ReviewSupreme Court of New Jersey · 1997
  2. GE Solid State, Inc v. Director, Division of TaxationSupreme Court of New Jersey · 1993
  3. Karins v. City of Atlantic CitySupreme Court of New Jersey · 1998
  4. STATE, DEPT. OF LAW v. GonzalezSupreme Court of New Jersey · 1995
  5. Barone v. D. of Human Serv., Div. of Med. Asst.New Jersey Superior Court Appellate Division · 1986

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