Legal Opinion
St. James v. Department of Environmental Protection & Energy
New Jersey Superior Court Appellate Division
Decided July 14, 1994Published
1Opinion of the Court
The opinion of the court was delivered by
ARNOLD M. STEIN, J.A.D.
The Department of Environmental Protection and Energy issued an order determining that appellants were water polluters and imposing a $6,750 penalty. The appellants requested a formal hearing. The DEPE refused to grant a hearing unless appellants first posted the proposed penalty amount in the form of a surety bond, irrevocable letter of credit or trust agreement or some other form of financial assurance approved by the agency. We granted leave to appeal from the refusal.
We reverse. A requirement for deposit of the proposed…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Yakus v. United StatesSupreme Court of the United States · 1944
- New Jersey State Chamber of Commerce v. New Jersey Election Law Enforcement CommissionSupreme Court of New Jersey · 1980
- Craster v. BOARD OF COMMISSIONERS, CITY OF NEWARKSupreme Court of New Jersey · 1952
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