South Camden Citizens in Action v. New Jersey Department of Environmental Protection

OPINION

ORLOFSKY, District Judge.

TABLE OF CONTENTS

I. Introduction.489

II. Procedural History.489

III. Legal Standard Governing Motions to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6).493

IV. Discussion.493

A. Intentional Discrimination under § 601 of Title VI and the Equal Protection Clause.493

B. Unlawful Discrimination under the Fair Housing Act.499

1. Have the SCCIA Plaintiffs Stated a Claim under § 3604(a) of the Fair Housing Act?.500

2. Have the SCCIA Plaintiffs Stated a Claim under § 3604(b) of the Fair Housing Act?.502

C. Nuisance.503

1. Have the SCCIA Plaintiffs Stated a Claim of Private Nuisance?…