The hearing on DEP’s efforts to dismiss all four petitioners who are challenging the proposed human health based toxics criteria was held last Wednesday and did not disappoint us in any way. Judge Canter with the Division of Administrative Hearings did his best to get all the legal arguments and factual information out on the table so he can go off in a quiet corner of his office (I’m guessing here) and try to sort it all out and make some sense of it.Here is how the judge summed it up:
After three hours of mostly intelligent discussion, the judge ruled that the case is on hold (abated) until he issues a written order on DEP’s motions to dismiss.
|Judges order of dismissal|
|In the judges footnotes he noted this...was this a flaw in the petitioners argument that could have changed the outcome?|