STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff,
v.
GLOUCESTER ENVIRONMENTAL MANAGEMENT SERVICES, INC., et al., Defendants.
AIR PRODUCTS AND CHEMICALS, INC., et al., Third-Party Plaintiffs,
v.
ANCORA PSYCHIATRIC HOSPITAL; Glassboro State College; New Jersey State Hospital (Trenton State Hospital); and Trenton State Teachers' College (Trenton State College), et al., Additional Third-Party Defendants.
United States District Court, D. New Jersey.https://leagle.com/images/logo.png
March 22, 1995.
March 22, 1995.
Attorney(s) appearing for the Case
Deborah T. Poritz, Attorney General of New Jersey by Edward Devine, Deputy Attorney General, Trenton, NJ, for Plaintiff State of New Jersey, Department of Environmental Protection.
John F. Lynch, Jr., Jennifer L. Kapell, Carpenter, Bennett & Morrissey, Newark, NJ, for Alleged Generator Defense Group.
Deborah T. Poritz, Attorney General of New Jersey by Patrice M. Connell, Deputy Attorney General, Trenton, NJ, for Third-Party Defendants Ancora Psychiatric Hospital, Glassboro State College (Rowan College), New Jersey State Hospital (Trenton State Hospital), and Trenton State Teachers' College (Trenton State College).
Alex Beehler, Trial Attorney, Environmental Enforcement Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C., for Plaintiff United States GEMS II.
Jeffrey P. Heppard, Parker, McCay & Criscuolo, Marlton, New Jersey, For Operators Group.
William Greenberg, McCarter & English, Newark, New Jersey, for Township of Gloucester.
James C. Orr, Wilson, Elser, Moskowitz, Edelman & Dicker, Newark, New Jersey, for Transporters Group.
John S. Fitzpatrick, Fitzpatrick, Reilly, Supple & Gaul, New Providence, New Jersey, for Municipalities Group.
John B. Kearney, Kenney & Kearney, Cherry Hill, New Jersey, Operators — AS & G.
United States District Court, D. New Jersey.
SIMANDLE, District Judge:
I. Introduction and Procedural History
The present motion raises interesting questions of Eleventh Amendment immunity and its waiver. The plaintiff State of New Jersey, Department of Environmental Protection and Energy [NJDEPE] seeks in this multi-party hazardous waste case to recover monetary and injunctive relief against several hundred parties pursuant to various federal and state environmental protection laws, arising...
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