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Monday, December 26, 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