Legal Opinion
Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders
District Court, D. New Jersey
Decided November 28, 1995No. Civ. A. 93-2669 (JEI), 94-3244 (JEI)PublishedCited by 3 opinions
1Opinion of the Court
IRENAS, District Judge:
The Court finds that the defendants have not established that a preliminary injunction would cause irreparable harm either to themselves or to the public if an alternative regulatory scheme is implemented. A preliminary injunction will be granted to restrain enforcement of the current flow control regulations of construction and demolition (“C & D”) materials in accordance with the alternative regulatory plan (“Plan”) submitted by the New Jersey Department of Environmental Protection (“NJDEP” or “the State”) on August 8, 1995. The Court interprets the Plan as…
2Cases cited5 opinions
- Frank's Gmc Truck Center, Inc. v. General Motors CorporationCourt of Appeals for the Third Circuit · 1988
- Temple University v. WhiteCourt of Appeals for the Third Circuit · 1991
- Lysaght v. State of NJDistrict Court, D. New Jersey · 1993
- Lee v. OregonDistrict Court, D. Oregon · 1994
- Alexander v. Primerica Holdings, Inc.District Court, D. New Jersey · 1993
3Cited by3 opinions
- Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County Atlantic County Utilities Authority Board of Chosen Freeholders of Camden County Pollution Control Financing Authority of Camden County Scott A. Weiner, Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, Mercer County Improvement Authority Hudson County Improvement Authority Essex County Utilities Authority Passaic County Utilities Authority Cape May County Municipal Utilities Authority Camden County Energy Recovery Associates, L.P., Intervenor-Defendants C & a Carbone, Inc. Bret Schundler, Mayor, in His Capacity as Mayor of City of Jersey City John Rooney, Mayor, in His Capacity as Mayor of Borough of Northvale National Solid Waste Management Association, New Jersey Chapter Waste Management Association of New Jersey City of Passaic City of Paterson Dwight Destefan, Mayor, Individually and in His Capacity as Mayor of the Township of River Vale v. Robert C. Shinn, Jr., Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy New Jersey Department of Environmental Protection and Energy Larry J. McClure Individually and in His Official Capacity as Executive Director of the Bergen County Utilities Authority Bergen County Utilities Authority Mark Guarino, Individually and in His Official Capacity as Director of the Bergen County Health Department Bergen County Health Department Kenneth Blane, Individually and in His Official Capacity as Executive Director of the Hudson County Improvement Authority Hudson County Improvement Authority Carol Ann Wilson, Individually and in Her Official Capacity as Director of the Hudson County Health Department William P. Schuber, Individually and in His Official Capacity as County Executive for Bergen County Robert C. Janiszewski, Individually and in His Official Capacity as County Executive for Hudson County Passaic County Utilities Authority Anthony Ross, Individually and in His Capacity as Executive Director Nicola R. Didonna, Individually and in His Capacity as County Executive for the County of Passaic. National Solid Wastes Management Association Waste Management Association of New Jersey and C & a Carbone, in 96-5567. New Jersey Department of Environmental Protection Scott A. Weiner and Robert C. Shinn, Jr., Commissioner, in 96-5568. Cape May County Municipal Utilities Authority ("Cmcmua"), in 96-5569. Essex County Utilities Authority Hudson County Improvement Authority Mercer County Improvement Authority and Passaic County Utilities Authority, in 96-5570Court of Appeals for the Third Circuit · 1997
- Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic CountyDistrict Court, D. New Jersey · 1996
- Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen FreeholdersCourt of Appeals for the Third Circuit · 1997