The Appellate Division unequivocally found that the Department of Environmental Protection had the authority to waive strict compliance from its regulatory requirements. But it sent the agency back to the drawing board on a secondary and independent issue — the validity of a guidance document, frequently asked questions (FAQs) and submission forms posted on the department's website.
Appellate Division Upholds DEP's Waiver Authority
New Jersey Law Journal
April 11, 2013
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