I/M/O Cadgene Family Partnership

The opinion of the court was delivered by

BAIME, J.A.D.

Cadgene Family Partnership Industrial Establishment (Cad-gene) appeals from the action of the Department of Environmental Protection (DEP) rescinding its approvals of Cadgene’s letter of non-applicability and negative declaration. The DEP concluded that Cadgene had withheld material information when applying for these approvals. Although phrased in a variety of ways, Cadgene contends (1) the DEP abused its discretion by reopening issues previously decided, (2) the DEP’s determination was not supported by sufficient credible evidence in the…