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South Camden Citizens in Action v. New Jersey Department of Environmental Protection

254 F. Supp. 2d 486 (2003)

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South Camden Citizens in Action v. New Jersey Department of Environmental Protection

United States District Court for the District of New Jersey

254 F. Supp. 2d 486 (2003)

Facts

South Camden Citizens in Action and certain individual residents of South Camden, New Jersey (collectively, SCCIA) (plaintiffs) sought to enjoin St. Lawrence Co. (SLC) (defendant) from constructing and operating a cement-grinding facility in their neighborhood. SCIAA brought civil-rights claims against the New Jersey Department of Environmental Protection (NJDEP) (defendant) and private- and public-nuisance claims against SLC. SCCIA alleged that emissions from the facility increased air pollution, endangering the health and safety of families, and the ingress and egress of diesel trucks would threaten health and create noise, vibration, and dust. SLC moved to dismiss the nuisance claims, arguing that SCCIA failed to allege that the construction of the facility violated governmental regulations and permits.

Rule of Law

Issue

Holding and Reasoning (Orlofsky, J.)

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