Interfaith Community Organization v. Commissioner of the New Jersey Department of Environmental Protection

D.N.J., Civ. Nos. 83-4774, 94-3434, 94-3793

 

In June 1994, TPM entered an appearance on behalf of the Interfaith Community Organization (ICO) to litigate the citizen suit that ICO filed pro se in October 1993 against the New Jersey Department of Environmental Protection, its Commissioner, and the Governor of the State of New Jersey. The suit alleged that areas of Liberty State Park constituted an imminent and substantial endangerment to health or the environment under the Resource Conservation and Recovery Act, 42 U.S.C. § 6972(a)(1)(B) and that the defendants had illegally discharged pollutants into the waters of the United States without a permit in violation of the CWA, 33 U.S.C. §§ 1311 and 1344. The Complaint is linked at the left.

In a November 29, 1998, decision on Plaintiff’s motion for a preliminary injunction, the U.S. District Court for the District of New Jersey determined that the contaminants in certain areas of Liberty State Park may present an imminent and substantial endangerment. On March 4, 1999, after consulting with the parties, the Court issued an order that a central area of the Park, an area of 230+ acres known as the Freight Yard, be fenced and that other areas be fenced or covered with one foot of clean soil. The defendants complied with the Court’s Injunction Order. The Decision and Injunction Order are linked at the left.

During the pendency of the case, the defendants sought to remediate certain areas of the Park, and where the defendants demonstrated that their remediation plan would protect the public from exposure to contaminated soils, the Court allowed the defendants to remove the fencing from those areas. Eventually, the parties negotiated a settlement of the case.

On June 20, 2001, the Court entered a Consent Decree that detailed the terms of the parties’ settlement agreement. Under the terms of the Consent Decree, the 230+-acre Freight Yard area was to remain fenced until a remediation plan was developed. In approximately 2021, the New Jersey Department of Environmental Protection formed an advisory task force to begin the process of developing plans for the remediation and revitalization of the Park including the fenced central area. https://dep.nj.gov/revitalizelsp/interior/. At present, the preparation of the 100% design is on hold due to further sampling efforts.

The Consent Decree required other measures to address the contamination at the Park and the CWA violations. Over the years, a number of amendments to the Consent Decree have been approved by the Court and the defendants have undertaken the work to satisfy the requirements of the Consent Decree. The defendants submit annual status reports on their progress. The original Consent Decree is linked at the left. The website for the remediation and revitalization of the Park is also linked at the left.

For more information, please contact Sarah Adams at sadams@tpmlaw.com or 202-204-8472.

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