TOWN OF WARWICK v. NEW JERSEY DEPT. OF ENVIRONMENTAL

No. 86 Civ. 5667 (JFK).

647 F.Supp. 1322 (1986)

TOWN OF WARWICK, NEW YORK; Eugene Levy; Jared C. Bark; Paul De Coste; Warwick Against Radioactive Dump; Township of Montclair; Dorothy Tascoe; Harriette Nash; Township of West Orange and Hollis Reaves, Plaintiffs, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Richard T. Dewling, as Commissioner of the New Jersey Department of Environmental Protection, Defendants.

United States District Court, S.D. New York.

November 7, 1986.


Attorney(s) appearing for the Case

Sive, Paget & Riesel, P.C., New York City, for plaintiffs; David Sive, of counsel.

W. Cary Edwards, Atty. Gen. of New Jersey, Trenton, N.J., for defendants; Richard F. Engel, Deputy Atty. Gen., of counsel.


KEENAN, District Judge:

FACTS

This case concerns an environmental hazard posing a grave health risk. At issue is the emission of radon gas from soil surrounding homes in the New Jersey towns of Montclair, Glen Ridge and West Orange. The New Jersey Department of Environmental Protection ("DEP") became aware of these emissions in late 1983. After obtaining an $8 million appropriation from the New Jersey Legislature, the DEP undertook remedial efforts that...

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