Litigation SuccessDisplaying 36 Litigation Success Cases
DRN, et al. v. Mercer County Corrections Center (Civ No. MER-L-439-03) Filed suit under the New Jersey Environmental Rights Act for violations of the New Jersey Water Protection and Water Management statutes. The case settled and the Delaware River was spared a direct point source discharge.
Settlement with EPA on Cooling Water Intake Regulations Announced: Agreement Paves Way for New Regulations to Protect Aquatic Species by 2012
On November 22, 2010 the Delaware Riverkeeper, Hudson Riverkeeper and other environmental organizations entered into a settlement agreement with the Environmental Protection Agency (EPA) that resolves two lawsuits brought against the EPA in 1993 and 2006 addressing the agency’s failure to issue regulations implementing Section 316(b) of the Clean Water Act.
New Jersey Builders Association v. NJDEP. Delaware Riverkeeper Network River Resources Law Clinic partnered with Rutgers Environmental Law Clinic to intervene in the New Jersey Builder's Association appeal of the New Jersey Storm Water Regulations. The New Jersey Supreme Court denied the New Jersey Builders Association's petition challenging the 300 foot buffer rule contained in New Jersey's stormwater regulations adopted in 2004. In a strong decision, the Court upheld the regulations and the NJDEP's ability to strongly regulate for protection from the harms of stormwater runoff. "The Appellate Division decision upholding the 300 foot buffer rule stands.
On July 8, 2015 the Pennsylvania Office of Open Records issued a Final Determination requiring the release of documents requested by Maya van Rossum, the Delaware Riverkeeper, relating to Radnor Township’s Stormwater Advisory Committee. The Delaware Riverkeeper requested correspondence among Committee members, the Committee and the public, the Committee and Township contractors, and the Committee and the Township.
Delaware Riverkeeper, et al. v. United States Army, et al., No. 1:06CV02166 (D.D.C.): After 3 years of advocacy and a lawsuit filed by the Delaware Riverkeeper Network's River Resources law clinic Dupont pulled out of the project it was pursuing with the US Army to dump 1200 tons of VX nerve agent waste in the Delaware River.
DRN, et al. v. Pozsgai (Eastern District of PA, Civ. No. 88-6545): Delaware Riverkeeper Network intervened in a Department of Justice EPA action to enforce a Court Order to protect wetlands in lower Bucks County.
Delaware Riverkeeper Network, et al. petition to U.S. Fish and Wildlife (ESA Petition filed August 2, 2005) Delaware Riverkeeper Network filed a petition for emergency listing of the Red Knot as an endangered species and seeking protection of habitat pursuant to the Endangered Species Act. This petition was drafted and filed by DRN on behalf of five organizations.
November 10, 2014, the Delaware Riverkeeper Network, New Jersey Sierra Club and Clean Water Action settled their legal action against the New Jersey Department of Environmental Protection (NJDEP) and in-so-doing have secured a commitment from NJDEP to issue a draft discharge permit to PSE&G’s Salem Nuclear Generating Station by June 30, 2015.
DRN, et al. v. PaDEP and Portland Borough (Pennsylvania EHB appeal numbers 2003-083-MG; 2003-299-MG): Appeal of Act 537 Plan and NPDES permit for the construction of a Sewage Treatment Plant and its related discharge of treated effluent in the Delaware River that is soon to be designated Special Protection Waters by the Delaware River Basin Commission (DRBC) Although we lost the actual decision in this case, our litigation resulted in a change in the way the DRBC reviews 537 Plans.
On August 16, 2014, the Department of Environmental Protection published in the Pennsylvania Bulletin the Department’s approval of Range Resources—Appalachia, LLC’s, registration for coverage under a Residual Waste General Permit 097 authorizing what are supposed to be “research and development activities” to support the “beneficial use” of Marcellus Shale drill cuttings. The specific project that was the subject of the approval was for use of drill cuttings in construction of a well pad in an Exceptional Value watershed.
On September 15, 2014, the Delaware Riverkeeper Network, Maya van Rossum, the Delaware Riverkeeper, Earthworks and Stewards of the Lower Susquehanna filed an appeal of that registration with the Pennsylvania Environmental Hearing Board.