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March 23, 2012

A total of 27 environmental and labor organizations have joined together to file a lawsuit in the appellate division, challenging a rule by the state Department of Environmental Protection allowing the agency to waive regulations when they constitute an undue burden. The plaintiffs argue that the new rule, adopted last week, is an illegal end-run around laws passed by the legislature intended to enhance New Jersey’s environmental protection. Their attorney says the rule violates the separation of powers doctrine, alleging that the Christie administration, instead of faithfully executing laws passed by lawmakers, has decided not to follow them.

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