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NEW JERSEY v. GLOUCESTER ENVIRONMENTAL MGT. SERVS.

Civil Nos. 84-0152 (JBS), 92-3860 (JBS).

591 F.Supp.2d 744 (2008)

State of NEW JERSEY, Department of Environmental Protection, Plaintiffs, v. GLOUCESTER ENVIRONMENTAL MANAGEMENT SERVICES, INC., Defendants. United States of America, Plaintiff, v. Air Products and Chemicals Incorporated, et al., Defendants.

United States District Court, D. New Jersey.

December 17, 2008.

Attorney(s) appearing for the Case

Gary J. Lesneski, Esquire, Archer & Greiner, P.C., Haddonfield, NJ, for the GEMS Phase II Trust.

Mark Oshinskie, Deputy Attorney General, Richard J. Hughes Justice Complex, Trenton, NJ, for the New Jersey Department of Environmental Protection.

Patricia C. Hick, Esquire, Office of Regional Counsel, United States EPA-Region II, New York, NY, and Brian G. Donohue, Senior Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Environ. Enforcement Section, Washington, DC, for the United States Environmental Protection Agency.

Lawrence E. Rosoff, Solicitor, Camden County Municipal Utilities Authority, Camden, NJ, for Camden County Municipal Utilities Authority.

OPINION

SIMANDLE, District Judge:

I. INTRODUCTION

This case involves the sixty-acre Gloucester Environmental Management Services, Inc. ("GEMS") Landfill, a federal Superfund hazardous waste site, located in Gloucester Township, Camden County, New Jersey, which remains under this Court's supervision as a thirty-year remedial program is underway. After extensive negotiations regarding the remediation...

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