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New Jersey Dep't of Envtl. Protection v. Gloucester Envtl. Management Servs.

ELR Citation: 18 ELR 20112
Nos. No. 84-0152(SSB), 668 F. Supp. 404/26 ERC 1443/(D.N.J., 08/20/1987) defendants' motion to join U.S. denied

The court holds that sovereign immunity bars the United States from being joined as a part in a suit brought by New Jersey under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against parties allegedly responsible for contamination at the Gloucester landfill. Joinder is inappropriate even though the United States would be joined as an involuntary plaintiff, since EPA's prosecutorial discretion is immune from judicial review. The court notes that EPA's voluntary participation would be highly beneficial to the parties in this action and other actions related to the Gloucester landfill, since EPA has placed the site on the CERCLA National Priorities List and has carried out a response action under a cooperative agreement with New Jersey.

Counsel for Plaintiff
Marty M. Judge, Deputy Attorney General
Dep't of Law & Public Safety
8th Fl., Justice Complex, CN080, Trenton NJ 08625
(609) 292-8740

Counsel for Defendants
David A. Parker
Parker, McCay & Cricuolo
Suite 401, Three Greentree Ctr., Rt. 73 & Greentree Rd., Marlton NJ 08053
(609) 267-2850

James W. Christie
Griffith, Burr, Angelini & Viniar
70 Euclid St., Woodbury NJ 08096
(609) 853-8500