Town of Warwick v. New Jersey Department of Environmental Protection

KEENAN, District Judge:

FACTS

This case concerns an environmental hazard posing a grave health risk. At issue is the emission of radon gas from soil surrounding homes in the New Jersey towns of Montclair, Glen Ridge and West Orange. The New Jersey Department of Environmental Protection (“DEP”) became aware of these emissions in late 1983. After obtaining an $8 million appropriation from the New Jersey Legislature, the DEP undertook remedial efforts that involved excavating the soil, drumming it, and then having it disposed of. The action currently before the Court arises out of this clean-up…