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Public Interest Research Group of N.J. v. Star Enter.

ELR Citation: 22 ELR 20100
Nos. No. 89-5370 (CSF), (D.N.J., 10/07/1991) Certification motion denied

The court denies defendants' certification motion to bring an interlocutory appeal of the court's earlier ruling that defendant is liable in a Federal Water Pollution Control Act (FWPCA) citizen suit for violating its national pollutant discharge elimination system permit and for permanent injunctive relief. The court previously found defendant liable for 112 violations of its New Jersey pollutant discharge elimination system permit for excess discharges of permitted pollutants into Newark Bay and tidally related waters. In addition, the court previously found a substantial likelihood of repeated violations and permanently enjoined defendants from further discharges. Defendants subsequently brought this certification motion to contest the court's ruling.

The court concludes that there is no substantial ground for difference of opinion concerning defendant's liability or how the court calculated the number of defendant's violations. The court observes that defendant erroneously attacks the validity of the permit, which is before the New Jersey Department of Environmental Protection, not the court. Defendant does not offer any authority contradicting the court's previous conclusion as to liability and violation calculations.

Counsel for Plaintiffs
Bruce J. Terris, Mark V. Dugan
Terris, Pravlik & Wagner
1121 12th St. NW, Washington DC 20005
(202) 682-2100

Edward Lloyd
Rutgers Environmental Law Clinic
15 Washington St., Rm. 334, Newark NJ 07102
(201) 648-5576

Counsel for Defendant
Louis M. DeStefano, Jennifer L. Kapell
Carpenter, Bennett & Morrissey
100 Mulberry St., 17th Fl., Newark NJ 07102
(201) 622-7711