HACKENSACK RIVERKEEPER v. DELAWARE OSTEGO CORP.

Civil Action No. 05-4806.

450 F.Supp.2d 467 (2006)

HACKENSACK RIVERKEEPER, INC., Raritan Baykeeper, Inc. (d/b/a NY/NJ Baykeeper), Andrew Willner, and William Sheehan, Plaintiffs, v. DELAWARE OSTEGO CORP., New York Susquehanna 8i Western Railway Corp., Millennium Resource Recovery, Ltd., Crossroads Recycling, Inc., Railtech, L.L.C., Ontrack Loading. Co., Inc. (d/b/a Ontrack Loading Co., L.L.C. And Liberty Contracting), Cardella Trucking Co., Inc., and Cardella Waste Services of New Jersey, Inc., Defendants.

United States District Court, D. New Jersey.

September 11, 2006.


Attorney(s) appearing for the Case

Rutgers Environmental Law Clinic, Carter Strickland, Esq., Newark, NJ, for Plaintiffs.

Esq., Wolff & Samson, P.C., John A. McKinney, Jr., Hackensack, NJ, Wilentz Goldman & Spitzer, P.A., Francis X. Journick, Jr., Esq., Woodbridge, NJ, for Defendants.


OPINION

DEBEVOISE, Senior District Judge.

This is a citizen suit brought under the Resource Conservation & Recovery Act 42 U.S.C. §§ 6901-91 ("RCRA"). Plaintiffs are Hackensack Riverkeeper, Inc. ("Riverkeeper"), its executive director, William Sheehan ("Sheehan"), Raritan Baykeeper, Inc. ("Baykeeper") and its executive director, Andrew Willner ("Willner"). The Defendants who have not been...

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