Raritan BAYKEEPER, d/b/a NY/NJ Baykeeper; Edison Wetlands Association, Inc., Appellants
v.
NL INDUSTRIES, INC.; NL Environmental Management Services, Inc.; Sayreville Economic and Redevelopment Agency; O'Neill Properties Group, L.P.; Sayreville Seaport Associates, L.P.; County of Middlesex; State of New Jersey Department of Transportation; Stephen Dilts, in his official capacity as Commissioner of State of New Jersey Department of Transportation; Bernard James, in his official capacity as Regional Director of Operations for the Central Region of State of New Jersey Department of Transportation; New Jersey Turnpike Authority; Diane Gutierrez-Scaccetti, in her official capacity as Executive Director of New Jersey Turnpike Authority; New Jersey Department of Environmental Protection; Mark Mauriello.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: March 8, 2011.
Filed: October 3, 2011.
Attorney(s) appearing for the Case
Bruce J. Terris, Esq . (Argued), Terris, Pravlik & Millian, Washington, DC, for Appellants.
Christopher R. Gibson, Esq . (Argued), Archer & Greiner, Haddonfield, NJ, for Appellees NL Industries, Inc. & NL Environmental Management Services, Inc.
Robert G. Kenny, Esq . (Argued), Hoagland, Longo, Moran, Dunst & Doukas, New Brunswick, NJ, for Appellee Sayreville Economic & Redevelopment Agency.
Dale L. Lessne, Esq. , Office of Attorney General of New Jersey, Department of Law and Public Safety, Trenton, NJ, for Appellees Stephen Dilts, Bernard James & State of New Jersey Department of Transportation.
Thomas A. Abbate, Esq. , DeCotiis, Fitzpatrick, Cole & Wisler, Teaneck, NJ, for Appellees New Jersey Turnpike Authority & Diane Gutierrez-Scaccetti.
Edward Devine, Esq. , Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Appellees New Jersey Department of Environmental Protection & Mark Mauriello.
Before: SCIRICA, AMBRO and VANASKIE, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
VANASKIE, Circuit Judge.
Raritan Baykeeper and the Edison Wetlands Association (collectively, "Raritan Baykeeper") brought this suit under the Resource Conservation and Recovery Act ("RCRA") and the Clean Water Act ("CWA") to bring about the remediation of contaminated sediments in the Raritan River. The District Court, citing the involvement and expertise of the New Jersey Department of Environmental Protection, dismissed the action...
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