Case: South Camden Citizens in Action v. New Jersey Department of Environmental Protection

1:01-cv-00702 | U.S. District Court for the District of New Jersey

Filed Date: Feb. 13, 2001

Closed Date: March 31, 2006

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Case Summary

This is a case about disparate impact in the permitting and building of environmentally hazardous facilities. The plaintiffs, the advocacy group South Camden Citizens in Action and 10 local residents, filed this suit against the New Jersey Department of Environmental Protection (NJDEP) in the United States District Court for the District of New Jersey. The case was assigned to Judge Stephen M. Orlofsky. In their complaint, filed on February 13, 2001, the plaintiffs alleged that the defendant h…

In their complaint, filed on February 13, 2001, the plaintiffs alleged that the defendant had intentionally discriminated against them in violation of Title VI of the Civil Rights Act of 1964. In 1998, the St. Lawrence Cement Company applied to the NJDEP for an air emissions permit to build a processing plant in the Waterfront South district of Camden, New Jersey. This neighborhood was a predominantly Black and Latino community and was already housing several industrial facilities and contaminated sites. The plaintiffs alleged that the construction of the site as permitted by the NJDEP would have an adverse disparate impact on them.

On February 22, 2001, the St. Lawrence Cement Company was granted intervenor status. On that same day, the plaintiffs filed a motion for a preliminary injunction. The court issued its ruling on that matter on April 19, 2001. In his opinion, Judge Orlofsky held that the NJDEP had an obligation to consider racially disparate impacts when they were considering the permit application. 145 F.Supp.2d 446. Jude Orlofsky also found that the plaintiffs had made a prima facie showing that the operation of the facility would have a racially disparate adverse impact and that the harm to the community in building the facility would outweigh the harm to the permitee. Based on these findings, Judge Orlofsky granted the preliminary injunction. Accordingly, the case was remanded to the NJDEP to make additional findings of fact within 30 days.

In the interim, the United States Supreme Court decided Alexander v. Sandoval. In that case, the Supreme Court held that there was no private right of action existed under Title VI of the Civil Rights Act to challenge the discriminatory impact of promulgated environmental regulations. In response to this decision, Judge Orlofsky allowed the plaintiffs to amend their original complaint to include a §1983 claim. On May 10, 2001, Judge Orlofsky issued a supplemental opinion stating that a cause of action existed under §1983 to challenge the disparate impact of violations under Title VI. As such, the court held that the April 19, 2001, order of the court was still in effect and the NJDEP was given an additional 30 days to file their findings. 145 F.Supp.2d 505.

On May 14, 2001, the defendants filed an appeal with the U.S. Court of Appeals for the Third Circuit. The Third Circuit issued its opinion on December 17, 2001. Writing for the court, Judge Greenberg found that §1983 did not create an enforceable right because there was not an enforcement action already in the statute. Judge Greenberg held that the Supreme Court’s decision in Sandoval indicated that Congress did not intend to create a right under Title VI for claims of disparate impact stemming from EPA regulations. Therefore, the Third Circuit concluded that the district court had erred in its interpretation of the law, vacated the order granting the preliminary injunction, and remanded the case for further proceedings. 274 F.3d 771. On June 24, 2002, the United States Supreme Court denied the plaintiffs’ petition for a writ of certiorari.

On April 16, 2003, Judge Orlofsky granted in part and denied in part the defendant’s motion for dismissal. Judge Orlofsky allowed the plaintiffs to continue on their claims that the defendants violated their rights under the Fourteenth Amendment’s Equal Protection Clause. The other claims from the plaintiffs’ second amended complaint were dismissed.

On May 29, 2003, the case was reassigned to Judge Ann Marie Donio. The plaintiffs proceeded on the remaining claims in their second amended complaint. The defendants filed several motions to dismiss as well as motions for summary judgment. On March 31, 2006, the district court granted the defendants’ motion for summary judgment as to all of the plaintiffs’ claims. The court held that the plaintiffs had failed to establish proximate cause for their nuisance claims and that Title VI only extended to intentional discrimination, which the plaintiffs had not shown. 2006 WL 1097498. This case was closed on March 31, 2006.

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Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5713003/parties/south-camden-citizen-v-nj-environmental/

Judge(s)

Ambro, Thomas L. (Delaware)

Donio, Ann Marie (New Jersey)

Attorney for Plaintiff

Attorney for Defendant

Andretta, Gage (New Jersey)

Brand, Stefanie A. (New Jersey)

Depillis, Suzanne Hasson (New Jersey)

Expert/Monitor/Master/Other

Judge(s)

Ambro, Thomas L. (Delaware)

Donio, Ann Marie (New Jersey)

Greenberg, Morton Ira (New Jersey)

McKee, Theodore Alexander (Pennsylvania)

Orlofsky, Stephen Murray (New Jersey)

Wolfson, Freda L. (New Jersey)

Attorney for Plaintiff

Montag, Brian S (New Jersey)

Pomar, Olga D. (New Jersey)

Attorney for Defendant

Andretta, Gage (New Jersey)

Brand, Stefanie A. (New Jersey)

Depillis, Suzanne Hasson (New Jersey)

Dore, Michael (New Jersey)

Drollas, Anthony Thomas Jr (New Jersey)

Goldshore, Lewis P (New Jersey)

HAGAN, TRACEY MCDEVITT (New Jersey)

Harbist, Nicholas C (New Jersey)

Hoffman, Kevin E (New Jersey)

Johnson, Douglas F (New Jersey)

Johnson-Stokes, Barbara Ann (New Jersey)

JR., ANTHONY THOMAS (New Jersey)

Kearney, John B. (New Jersey)

Kmiec, Lisa Marie (New Jersey)

Kuzinski, Eugene J. (New Jersey)

Lomax, Gregory A (New Jersey)

Luchak, Frank A (New Jersey)

Mack, Kenneth Howard (New Jersey)

McCloskey, Gregory R (New Jersey)

McDevitt Hagan, Tracey (New Jersey)

Murphy, James Michael (New Jersey)

Northgrave, William W (New Jersey)

Pierson, James P (New Jersey)

Renahan, Kathryn R (New Jersey)

Rohr, Dante C (New Jersey)

Romanini, Dante J (New Jersey)

Schorr, Matthew S (New Jersey)

Willison, Michael K (New Jersey)

Zoller, Robert P (New Jersey)

Expert/Monitor/Master/Other

Trinkle, Catherine A (New Jersey)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:01-cv-00702	Docket	April 3, 2006	April 3, 2006 Docket
50 1:01-cv-00702	Opinion	April 19, 2001	April 19, 2001 Order/Opinion 145 F.Supp.2d 145
70 1:01-cv-00702	Supplemental Opinion	May 10, 2001	May 10, 2001 Order/Opinion 145 F.Supp.2d 145
1:01-cv-00702 0:01-02224 0:01-02296	Opinion of the Court U.S. Court of Appeals for the Third Circuit	Dec. 17, 2001	Dec. 17, 2001 Order/Opinion 274 F.3d 274
126 1:01-cv-00702	Opinion	April 16, 2003	April 16, 2003 Order/Opinion 254 F.Supp.2d 254
319 1:01-cv-00702	Opinion	March 31, 2006	March 31, 2006 Order/Opinion 2006 WL 2006

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5713003/south-camden-citizen-v-nj-environmental/

Last updated March 13, 2024, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 278306 (gg) (Entered: 02/13/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
2	CERTIFICATION of Dr. Marc H. Lavietes on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
3	CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
4	CERTIFICATION of Geneva Sanders on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
5	CERTIFICATION of plaintiffs' counsel, Olga D. Pomar, on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) Modified on 02/14/2001 (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
6	CERTIFICATION of Olga D. Pomar on behalf of SOUTH CAMDEN CITIZEN Re: application for preliminary injuction. (gg) Modified on 02/14/2001 (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
7	CERTIFICATION of Luke W. Cole on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion fro Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
8	CERTIFICATION of Michael Churchill, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
9	CERTIFICATION of Jerome Balter, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
10	CERTIFICATION of Olga D. Pomar, Esq. on behalf of SOUTH CAMDEN CITIZEN Re: In support of motion for Pro Hac Vice Admission. (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
11	MOTION for Special Appointment to Serve Process(General Rule 9C and FRCiv.P. 4(c) (gg) (Entered: 02/14/2001)	Feb. 13, 2001	Feb. 13, 2001 PACER
	SUMMONS(ES) issued for NJ ENVIRONMENTAL and ROBERT C. SHINN JR. ( 20 Days) (Mailed to Counsel)n.m. (gg)	Feb. 14, 2001	Feb. 14, 2001 PACER
12	NOTICE of Allocation and Assignment filed. Magistrate Judge Robert B. Kugler(n.m.) (gg) (Entered: 02/14/2001)	Feb. 14, 2001	Feb. 14, 2001 PACER
13	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 2/15/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/16/2001)	Feb. 16, 2001	Feb. 16, 2001 PACER
14	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 2/16/01; The following actions were taken, Telephone conference call held. Ordered OTSC returnable on 3/20/01 and 3/21/01. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/20/2001)	Feb. 16, 2001	Feb. 16, 2001 PACER
15	CONSENT ORDER permitting SLC to intervene and plaintiff's application for preliminary injunction shall be set for 3/20/01 and 3/21/01. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) Modified on 02/23/2001 (Entered: 02/22/2001)	Feb. 22, 2001	Feb. 22, 2001 PACER
16	INTERVENOR'S ANSWER to Complaint by SLC. (ar1) (Entered: 02/27/2001)	Feb. 27, 2001	Feb. 27, 2001 PACER
17	ORDER, setting scheduling conference for 11:30 3/28/01. n.m. ( signed by Mag. Judge Robert B. Kugler ) (ar1) (Entered: 02/27/2001)	Feb. 27, 2001	Feb. 27, 2001 PACER
18	CERTIFICATION of James M. Murphy, DAG on behalf of NJ ENVIRONMENTAL, ROBERT C. SHINN; JR. Re: in opposition to [15-1] order. (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
19	CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. Re: Brief and Appendix in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
20	DECLARATION of Joseph Meadows on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
21	DECLARATION of Joseph Balzano on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
22	DECLARATION of Morris G. Smith on behalf of SLC; Re: in opposition to application for preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
23	DECLARATION of Brian S. Montag, Esquire on behalf of SLC Re: in opposition to application for a preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
24	DECLARATION of Phyllis Diosey on behalf of SLC; Re: in opposition to application for a preliminary injunction, etc. (Exhibits Annexed) (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
25	CERTIFICATE OF SERVICE by SLC; Re: Brief in opposition to application for a preliminary injunction, etc. (ar1) (Entered: 03/06/2001)	March 2, 2001	March 2, 2001 PACER
26	APPLICATION by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. and Clerk's Order extending time to answer. Answer due 3/21/01 for ROBERT C. SHINN JR., for NJ ENVIRONMENTAL. n.m. (ar1) (Entered: 03/06/2001)	March 6, 2001	March 6, 2001 PACER
27	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 3/9/01; The following actions were taken, Telephone conference call held. (ar1) (Entered: 03/09/2001)	March 9, 2001	March 9, 2001 PACER
28	SCHEDULING ORDER setting the ruling of motion for preliminary injunction on or before 4/6/01, etc. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/12/2001)	March 9, 2001	March 9, 2001 PACER
29	SUPPLEMENTAL CERTIFICATION of Olga D. Pomar, Esquire on behalf of plaintiffs' SOUTH CAMDEN CITIZEN, et al; Re: in support of application for preliminary injunction. (ar1) (Entered: 03/13/2001)	March 12, 2001	March 12, 2001 PACER
30	CERTIFICATE OF SERVICE by plaintiffs' SOUTH CAMDEN CITIZEN, et al., Re: Reply Brief in support of application for preliminary injunction. (ar1) (Entered: 03/13/2001)	March 12, 2001	March 12, 2001 PACER
31	REVISED CONSENT SCHEDULING ORDER setting certain deadlines on expert reports, etc. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/14/2001)	March 13, 2001	March 13, 2001 PACER
32	ORDER permitting Jerome Balter, Esquire, Michael Churchill, Esquire and Luke Cole, Esquire to appear and participate pro hac vice. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 03/15/2001)	March 14, 2001	March 14, 2001 PACER
33	DECLARATION of Don L. Coursey, PH.D. on behalf of SLC. (Exhibits Annexed) (ar1) (Entered: 03/19/2001)	March 14, 2001	March 14, 2001 PACER
34	DECLARATION of Laura C. Green, PH.D., D.A.B.T. on behalf of SLC. (Exhibit Annexed) (ar1) (Entered: 03/19/2001)	March 14, 2001	March 14, 2001 PACER
35	DECLARATION of Ruby Z. Kennebrew on behalf of SLC. (ar1) (Entered: 03/19/2001)	March 14, 2001	March 14, 2001 PACER
36	DECLARATION of Reverend Al Stewart on behalf of SLC. (ar1) (Entered: 03/19/2001)	March 14, 2001	March 14, 2001 PACER
37	CERTIFICATION of Daniel Gutman on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)	March 19, 2001	March 19, 2001 PACER
38	CERTIFICATION of Phyllis Holmes on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)	March 19, 2001	March 19, 2001 PACER
39	SUPPLEMENTAL CERTIFICATION of Dr. Marc Lavietes, M.D. on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)	March 19, 2001	March 19, 2001 PACER
40	SUPPLEMENTAL CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN, Et al. (ar1) (Entered: 03/19/2001)	March 19, 2001	March 19, 2001 PACER
41	CERTIFICATION of Dr. Michel Gelobter on behalf of SOUTH CAMDEN CITIZEN, Et al. (db) (Entered: 03/21/2001)	March 20, 2001	March 20, 2001 PACER
42	ANSWER to Complaint by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (db) (Entered: 03/21/2001)	March 21, 2001	March 21, 2001 PACER
43	SUPPLEMENTAL DECLARATION of Don L. Coursey, PH.D. on behalf of SLC. (ar1) (Entered: 03/23/2001)	March 21, 2001	March 21, 2001 PACER
44	SUPPLEMENTAL DECLARATION of Laura C. Green, PH.D., D.A.B.T. on behalf of SLC. (ar1) (Entered: 03/23/2001)	March 21, 2001	March 21, 2001 PACER
45	SUPPLEMENTAL DECLARATION of Kit Liang on behalf of SLC. (ar1) (Entered: 03/23/2001)	March 21, 2001	March 21, 2001 PACER
46	SUPPLEMENTAL DECLARATION of Phyllis Diosey on behalf of SLC. (ar1) (Entered: 03/23/2001)	March 21, 2001	March 21, 2001 PACER
47	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 3/23/01; The following actions were taken, Hearing on plaintiff's motion for preliminary injunction. Ordered decision reserved. By Judge Stephen M. Orlofsky (ar1) (Entered: 03/26/2001)	March 23, 2001	March 23, 2001 PACER
48	TRANSCRIPT of Proceedings taken on March 23, 2001. (ar1) (Entered: 04/04/2001)	April 3, 2001	April 3, 2001 PACER
49	OPINION FILED. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/19/2001)	April 19, 2001	April 19, 2001 PACER
50	ORDER granting pltfs'. application for preliminary injunction and enjoining ST. LAWRENCE CEMENT CO., LLC; directing certain permits issued by NJDEP be vacated and remanding this matter to NJDEP for further findings. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/19/2001)	April 19, 2001	April 19, 2001 Clearinghouse
51	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 4/24/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 04/24/2001)	April 24, 2001	April 24, 2001 PACER
52	TRANSCRIPT of Proceedings taken on April 24, 2001. (ar1) (Entered: 04/25/2001)	April 25, 2001	April 25, 2001 PACER
53	Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 4/25/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 04/25/2001)	April 25, 2001	April 25, 2001 PACER
54	DECLARATION of Dennis W. Skidmore on behalf of SLC; Re: in support of Order to show cause for Preliminary Injunction Pending Appeal. (ar1) (Entered: 04/25/2001)	April 25, 2001	April 25, 2001 PACER
55	SUPPLEMENTAL DECLARATION of Brian S. Montag, Esquire on behalf of SLC; Re: in support of Order to show cause for Preliminary Injunction Pending Appeal. (ar1) (Entered: 04/25/2001)	April 25, 2001	April 25, 2001 PACER
56	CERTIFICATE OF SERVICE by SLC; Re: in support of Order to show cause for a Preliminary Injunction. (ar1) (Entered: 04/26/2001)	April 25, 2001	April 25, 2001 PACER
57	TRANSCRIPT of Proceedings taken on April 25, 2001. (ar1) (Entered: 04/26/2001)	April 26, 2001	April 26, 2001 PACER
58	ORDER granting plaintiff leave to amend the complaint. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 04/27/2001)	April 26, 2001	April 26, 2001 PACER
59	CERTIFICATE OF SERVICE by SLC; Re: Supplemental Brief in opposition to preliminary injunction. (ar1) (Entered: 04/27/2001)	April 27, 2001	April 27, 2001 PACER
60	CERTIFICATE OF SERVICE by SLC Service; Re: Second Supplemental Brief in opposition to pltf's. motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)	April 30, 2001	April 30, 2001 PACER
61	CERTIFICATE OF SERVICE by SOUTH CAMDEN CITIZEN; Re: Supplemental Brief in support of motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)	April 30, 2001	April 30, 2001 PACER
62	CERTIFICATE OF SERVICE by SOUTH CAMDEN CITIZEN; Re: Second Supplemental Brief in support of motion for Preliminary Injunction. (ar1) (Entered: 04/30/2001)	April 30, 2001	April 30, 2001 PACER
63	Notice of MOTION for leave to file an amended complaint by SOUTH CAMDEN CITIZEN, Motion set for 6/1/01 on [63-1] motion . (Brief/PO Subm) (ar1) (Entered: 04/30/2001)	April 30, 2001	April 30, 2001 PACER
	Deadline updated; terminating [63-2] hearing Motion set for 6/1/01 on [63-1] motion. (ar1)	April 30, 2001	April 30, 2001 PACER
64	AMENDED VERIFIED COMPLAINT for Declaratory Judgment and Injunctive Relief by pltfs'. SOUTH CAMDEN CITIZEN, ET AL., (Answer due 5/10/01 for SLC, for ROBERT C. SHINN JR., for NJ ENVIRONMENTAL) amending [1-1] complaint. (ar1) (Entered: 04/30/2001)	April 30, 2001	April 30, 2001 PACER
65	TRANSCRIPT of Proceedings taken on April 24, 2001. (ar1) (Entered: 05/01/2001)	May 1, 2001	May 1, 2001 PACER
66	CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR.; Re: Supplemental Brief opposing pltf's request for a preliminary injunction. (ar1) (Entered: 05/03/2001)	May 3, 2001	May 3, 2001 PACER
67	CERTIFICATE OF SERVICE by NJ ENVIRONMENTAL, ROBERT C. SHINN JR.; Re: Second Supplemental Brief opposing pltfs'. request for a preliminary injunction. (ar1) (Entered: 05/03/2001)	May 3, 2001	May 3, 2001 PACER
68	AMENDED ANSWER to Complaint by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. in response to pltfs'. amended complaint. (ar1) (Entered: 05/07/2001)	May 7, 2001	May 7, 2001 PACER
69	OPINION FILED. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/10/2001)	May 10, 2001	May 10, 2001 PACER
70	ORDER denying motion of St. Lawrence Cement Co., L.L.C. to vacate Order and Opinion dated April 19, 2001; granting pltfs'. motion for a preliminary Injunction; vacating air permits issued by NJ Dep't of Environmental Protection to SLC; enjoining St. Lawrence Cement Co., L.L.C. and remanding this matter to NJDEP for further findings. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/10/2001)	May 10, 2001	May 10, 2001 Clearinghouse
71	CERTIFICATE OF SERVICE by SLC; Re: Letter Brief in support of motion for stay of preliminary injunction pending appeal. (ar1) (Entered: 05/11/2001)	May 11, 2001	May 11, 2001 PACER
72	ANSWER by SLC to amended verified complaint for declaratory judgement and injunctive relief. (ar1) (Entered: 05/11/2001)	May 11, 2001	May 11, 2001 PACER
73	Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/14/01; The following actions were taken, Telephone conference call held. Hearing on motion by intervenor deft. for a stay of this Court's Orders pending appeal. Oral Opinion read into the record. Ordered motion denied. Order to be submitted. By Judge Stephen M. Orlofsky (ar1) Modified on 05/14/2001 (Entered: 05/14/2001)	May 14, 2001	May 14, 2001 PACER
74	ORDER denying Stay of Preliminary Injunction pending appeal and clarifying the Court's ruling under FED.R.CIV.P. 65(c). (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 05/14/2001)	May 14, 2001	May 14, 2001 PACER
75	NOTICE OF APPEAL filed at 4:24 by SLC Re: [70-1] order, [50-1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): BRIAN S. MONTAG, JAMES M. MURPHY, OLGA D. POMAR (lc) (Entered: 05/15/2001)	May 14, 2001	May 14, 2001 PACER
76	Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/15/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 05/16/2001)	May 15, 2001	May 15, 2001 PACER
77	TRANSCRIPT of Proceedings taken on May 14, 2001. (ar1) (Entered: 05/16/2001)	May 15, 2001	May 15, 2001 PACER
78	NOTICE of Docketing ROA from USCA Re: [75-1] appeal USCA NUMBER: 01-2224 (lc) (Entered: 05/17/2001)	May 17, 2001	May 17, 2001 PACER
79	NOTICE OF APPEAL filed at 9:21 by NJ ENVIRONMENTAL, ROBERT C. SHINN JR. Re: [50-1] order, [70-1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): BRIAN S. MONTAG, JAMES M. MURPHY, OLGA D. POMAR (lc) (Entered: 05/21/2001)	May 18, 2001	May 18, 2001 PACER
80	NOTICE of Docketing ROA from USCA Re: [79-1] appeal USCA NUMBER: 01-2296 (lc) (Entered: 05/23/2001)	May 23, 2001	May 23, 2001 PACER
81	Transcript Purchase Order RE: [75-1] appeal (Already on file in the D.C. Clerk's Office. 5.23.01, 4.24.01, 4.25.01, 5.14.01. (lc) (Entered: 05/29/2001)	May 29, 2001	May 29, 2001 PACER
82	Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 5/29/01; The following actions were taken, Telephone conference call held. Ordered Oral Argument scheduled for 6/4/01 at 10:00a.m. By Judge Stephen M. Orlofsky (ar1) Modified on 05/30/2001 (Entered: 05/30/2001)	May 29, 2001	May 29, 2001 PACER
83	Notice of MOTION to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR., Motion set for 10:00 6/4/01 on [83-1] motion . (Brief/PO Subm) (ar1) (Entered: 05/30/2001)	May 30, 2001	May 30, 2001 PACER
84	CERTIFICATION of James M. Murphy supporting [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) (Entered: 05/30/2001)	May 30, 2001	May 30, 2001 PACER
85	SUPPLEMENTAL DECLARATION of Dennis W. Skidmore on behalf of SLC. (ar1) (Entered: 06/01/2001)	June 1, 2001	June 1, 2001 PACER
86	SECOND SUPPLEMENTAL DECLARATION of Brian S. Montag, Esquire on behalf of SLC. (ar1) (Entered: 06/01/2001)	June 1, 2001	June 1, 2001 PACER
87	Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 6/4/01; The following actions were taken, denying [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. By Judge Stephen M. Orlofsky (ar1) (Entered: 06/04/2001)	June 4, 2001	June 4, 2001 PACER
88	ORDER denying [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 06/04/2001)	June 4, 2001	June 4, 2001 PACER
	Deadline updated; terminating [83-2] hearing Motion set for 10:00 6/4/01 on [83-1] motion. (ar1)	June 4, 2001	June 4, 2001 PACER
89	CERTIFICATE OF SERVICE by pltfs'. SOUTH CAMDEN CITIZEN, Et al; Re: Brief opposing [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) (Entered: 06/04/2001)	June 4, 2001	June 4, 2001 PACER
90	TRANSCRIPT of Proceedings taken on June 4, 2001. (ar1) (Entered: 06/05/2001)	June 5, 2001	June 5, 2001 PACER
91	Transcript Purchase Order RE: [79-1] appeal (Unnecessary for appeal pruposes) (lc) Modified on 06/21/2001 (Entered: 06/12/2001)	June 6, 2001	June 6, 2001 PACER
92	CERTIFICATION of Olga D. Pomar on behalf of pltfs. SOUTH CAMDEN CITIZEN, ET AL; opposing [83-1] motion to stay, pending appeal, of portions of the Court's April 19, 2001 Order and May 10, 2001 Order by defts. NJ ENVIRONMENTAL, ROBERT C. SHINN JR. (ar1) Modified on 06/21/2001 (Entered: 06/07/2001)	June 7, 2001	June 7, 2001 PACER
93	CERTIFIED COPY OF ORDER dismissing appeal purs. to Rule 42(b), Federal Rules of Appellate Procedure without cost to either party. (Appeal# 75-1 by St. Lawrence Cement Co., dismissed) (lc) Modified on 06/21/2001 (Entered: 06/13/2001)	June 8, 2001	June 8, 2001 PACER
94	CERTIFIED COPY OF ORDER FROM USCA as to New Jersey Department of Environmental Protection and Robert Shinn denying motion to stay portions of two District Court orders pending appeal, as presented, but the portions of the two orders are stayed until June 25. On that date, compliance with those portions of the orders will be required. (lc) Modified on 06/21/2001 (Entered: 06/11/2001)	June 11, 2001	June 11, 2001 PACER
95	CERTIFIED COPY OF ORDER from USCA granting motion to expedite the appeal and directing that the brief for the appellant must be served and filed within 14 days fo the date of this order etc. The motion to suspend or modify the preliminary injunction is under consideration and will be ruled as soon as possible. (lc) Modified on 06/21/2001 (Entered: 06/14/2001)	June 13, 2001	June 13, 2001 PACER
96	Disparate Impact Analysis filed by NJDEP and Commissioner Shinn Pursuant to Court Orders of April 19, 2001 and May 10, 2001. (ar1) Modified on 06/21/2001 (Entered: 06/14/2001)	June 14, 2001	June 14, 2001 PACER
97	Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 6/14/01; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 06/14/2001)	June 14, 2001	June 14, 2001 PACER

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Case Details

State / Territory: New Jersey

Case Type(s):

Environmental Justice

Key Dates

Filing Date: Feb. 13, 2001

Closing Date: March 31, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a community advocacy group and local residents protesting the permitting of an environmentally hazardous industrial site in their community.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Jersey Department of Environmental Protection (Mercer), State

Defendant Type(s):

Jurisdiction-wide

Case Details