Litigation SuccessDisplaying 42 Litigation Success Cases
Goose Creek is a small stream that starts in West Chester and West Goshen in Chester County, PA, and flows down into Chester Creek, and ultimately the Delaware River, at the City of Chester. But for decades, this small stream has been polluted with incredible levels of nutrient pollution that wreaked havoc on the ecology and destroyed the “fishable” qualities of this once-lovely stream, while
The Giovanni and Palmer families, locals to the Willow Grove and Warminster area (respectively) filed suit against the U.S. Navy for its role leading to the contamination of their drinking water through the Navy’s use, and improper disposal of Perfluorooctanoic Acid (PFOAs) and Perfluorooctanesulfonic Acid (PFOS).
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.
In 1986, John Pozsgai (deceased) and his wife, Gizella Pozsgai sought to purchase a property in Morrisville, Pennsylvania to expand their truck repair business. Pozsgai obtained a substantial discount on the property because he knew it contained wetlands. After purchase, they dumped fill into the wetlands, ignoring a cease and desist order from the Army Corps of Engineers (ACE).