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Commission says Clayton Mines appeal could force CMP rewrite; case is pending
Summary
Commission staff reported the Clayton Mines appeal challenges CMP provisions on nonconsumptive water use; briefing is complete and an appellate decision could invalidate parts of the rules and require revisions, staff said. Separately, an AG‑filed ‘artistic materials’ enforcement case is entering discovery with DEP joining the commission.
Commission legal staff updated members on two active cases that could shape future Pinelands policy.
Stacy reported the Clayton Mines appeal challenges language in the Comprehensive Management Plan (CMP) that governs nonconsumptive water use; the company argues the relevant provision is vague. Briefing has been completed…
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