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Rockaway Valley Regional Sewerage Auth. v. Gorsuch

Citation: 11 ELR 21101
No. No. 81-2721, (D.N.J., 09/11/1981) Staying further proceedings

Following its denial of plaintiff's motion for injunctive relief, 11 ELR 21101, the district court stays further proceedings in an action seeking a $44 million federal construction grant for completion of a wastewater treatment facility, pending resolution of a related case in state court. The court rules that it is required to abstain from determining whether the New Jersey Department of Environmental Protection is obligated to grant plaintiff's project priority certification because the issue involves state law questions. Furthermore, the court lacks pendent jurisdiction over the state law issues since any federal question regarding the Environmental Protection Agency is dependent upon the outcome of the state law questions. In addition, the court denies numerous applications for intervention as the decision to stay the proceedings makes the question of intervention premature.

Counsel are listed at 11 ELR 21101.