ATLANTIC COAST DEMOLITION & RECYCLING, INC., et al., Plaintiffs,
v.
BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY, et al., Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
November 28, 1995.
November 28, 1995.
Attorney(s) appearing for the Case
Mesirov Gelman Jaffe Cramer & Jamieson by Mark R. Rosen, Haddonfield, NJ, for plaintiff Atlantic Coast Demolition & Recycling, Inc.
Steptoe & Johnson by William T. Hassler, Washington, DC, for plaintiffs C & A Carbone, National Solid Waste Management Association, Waste Management Association of New Jersey.
James J. Ciancia, Acting Attorney General of New Jersey by Gail M. Lambert, Deputy Attorney General, Stefanie A. Brand, Deputy Attorney General, Department of Law and Public Safety, Division of Law, Newark, NJ, for defendant Robert Shinn, New Jersey Department of Environmental Protection.
Murshell J. Bland, County Counsel by Barbara H. Parker, Assistant County Counsel, County of Bergen, Hackensack, NJ, for defendants Bergen County Department of Health Services, William P. Schuber and Mark Guarino.
DeCotiis, Fitzpatrick & Gluck by J.S. Lee Cohen, Hackensack, NJ, for Intervenor-Defendants Hudson County Improvement Authority, Mercer County Improvement Authority, Essex County Utilities Authority, and Passaic County Utilities Authority.
Wolff & Samson, P.C. by David Samson, Roseland, NJ, for Intervenor-Defendant Camden County Energy Recovery Associates, L.P.
Sinisi, Van Dam & Sproviero by Stephen P. Sinisi, Paramus, NJ, for defendant Bergen County Utilities Authority.
Higgins, Slachetka & Long by Joseph J. Slachetka, Laurel Springs, NJ, for defendant Cape May County Municipal Utilities Authority.
United States District Court, D. New Jersey.
IRENAS, District Judge:
The Court finds that the defendants have not established that a preliminary injunction would cause irreparable harm either to themselves or to the public if an alternative regulatory scheme is implemented. A preliminary injunction will be granted to restrain enforcement of the current flow control regulations of construction and demolition ("C & D") materials in accordance with the alternative regulatory plan ("Plan") submitted by the New...
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