2025-10-22 Appellants Exhibit 7_Aluli v. Lewin

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613 Corp., 210 N.J.Super. at 503, 510 A.2d at 112; see also Crema, 94 N.J. at 302, 463 A.2d at 918. The fact that the appellants in this case had an opportunity to present their views before the circuit court at trial is clearly not an adequate substitute for the rulemaking process required under HRS § 342B-32. The appellants comprise a small portion of the public. Others may have been interested in providing input in the matter but may not have been able to intervene in this lawsuit due to a lack of notice or resources. Moreover, fairness to the public and potential applicants for air pollution permits dictates that the rules adopted by DOH be known beforehand. This will enable one to plan and make decisions with certainty. The circuit court in this case, sitting as the trier of fact, listened to the litigants' evidence of what effect various amounts of H2S would have on air quality. It then determined that the amounts established by the conditional permit issued to True were sufficiently protective of the environment. In doing this, the trial judge imposed his personal standards of what the air quality should be. See White v. Roughton, 53o F.2d 750, 754 (7th Cir.1976). This is not the role of the trial court. *805 III. This case was initiated by public activists; therefore, the focus is on the lack of input by the general public in a matter of public concern. However, the unbridled discretion exhibited by DOH also raises the issue of fairness and possibly constitutional due process rights with regard to future applicants for air pollution permits regarding H2S emission into the air. Future applicants will have no official source to turn to for guidance. There will be no avenue to predict DOH's actions in permit application procedures. Without established written standards by rules, no one can know whether permit applications will be reviewed fairly and consistently and whether considerations to grant or deny a permit will serve the purpose of the statute or are unlawful (e.g., bribes, race discrimination). See 613 Corp., 210 N.J.Super. at 503, 510 A.2d at 112; Crema, 94 N.J. at 301-02, 463 A.2d at 918; White v. Roughton, 53o F.2d at 753-54; Gonzalez v. Freeman, 334 F.2d 570, 578 (D.C.Cir.1964). There will be no public confidence in such a system. "Such a system breeds suspicion and fosters contempt and corruption." 613 Corp., 210 N.J.Super. at 503, 510 A.2d at 113. As the U.S. Supreme Court recognized: "[W]here ... there are no standards governing the exercise of discretion granted... the scheme permits and encourages an arbitrary and discriminatory enforcement of the law." APPELLANT EXHIBIT 7, pg. 4 of 6