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Sunday, December 11, 2011

ANIMAL PROTECTION LEAGUE OF NEW JERSEY, THE BEAR EDUCATION AND RESOURCE GROUP, ET AL. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION("NJDEP"),

ANIMAL PROTECTION LEAGUE OF NEW JERSEY, THE BEAR EDUCATION

AND RESOURCE GROUP, ET AL. VS. NEW JERSEY DEPARTMENT OF

ENVIRONMENTAL PROTECTION("NJDEP"), BOB MARTIN, ET AL.

A-1603-10T2

On this appeal challenging the validity of the

Comprehensive Black Bear Management Policy (CBBMP) adopted by

respondent New Jersey Department of Environmental Protection, we

conclude that while there may be disagreements as to available

data and its interpretation, under our standard of review we

defer to agency findings that are based on sufficient evidence

in the record. We further conclude that the agency findings

here meet that standard. Most important, we determine that

appellants have failed to demonstrate that respondents acted

arbitrarily or capriciously or in bad faith. We further find

that appellants have failed to demonstrate any procedural

deficiencies supporting invalidation of the CBBMP. Accordingly,

we affirm. 12-01-11