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Delaware v. Pennsylvania N.Y. Cent. Transp. Co.

ELR Citation: 1 ELR 20105
Nos. No. 3849, 323 F. Supp. 487/2 ERC 1355/(D. Del., 02/24/1971)

Standing to challenge Corps of Engineers' issuance of permits to Penn Central granted because plaintiffs allege that the permitted dike and fill operation along the foreshore of the Delaware River will cause them injury-in-fact by damaging the environment of the area, blocking a navigable tributary and obstructing public scenic easements. These interests are arguably within the zone of interests to be protected by the Rivers and Harbors Act of 1899, the Fish and Wildlife Coordination Act and the National Environmental Policy Act.The requirements of federal question jurisdiction are satisfied by plaintiffs' good-faith allegation of infringement of a federally protected right causing them damages in excess of $10,000. The intermingled claims premised on state law share a common nucleus of operative facts with the federal claims sufficient to warrant a preliminary finding of pendant jurisdiction. Defendant Penn Central's petition in bankruptcy has been approved in In the Matter of Penn Central Transportation Co., Debtor No. 70-347 (E.D. Pa. 170). The order of the bankruptcy court requires a stay of this action pending permission of the bankruptcy court to proceed or termination of that court's jurisdiction.

Counsel for the State of Delaware:
David P. Buckson
Attorney General
Public Building
Wilmington, DE 19899
(302) 658-6641

William Prickett
Prickett, Ward, Burt & Sanders
1310 King Street
Box 1328
Wilmington, DE 19899
(302) 658-5266

Counsel for New Castle County
Clarence Taylor County Attorney
Continental American Life Building
Wilmington, DE 19899
(302) 658-7266

Counsel for Thomas S. Webster Jr. and the Council of Civic Organizations of Brandywine Hundred, Inc.
Robert V. Huber
Beneficial Building
Wilmington, DE 19899
(302) 655-8969

Counsel for Pennsylvania New York Central Transportation Co.
Blair R. Phillips
Michael D. Goldman
James F. Burnett
Potter, Anderson & Carroon
350 Delaware Trust Building
Wilmington, DE 19801
(302) 658-6771

Counsel for the Federal Defendants
F.L. Peter Stone United States Attorney
Norman Levin Assistant United States Attorney
Federal Building Wilmington, Delaware 19899
Thomas L. McKevitt Attorney
Department of Justice
Washington, DC 20530
(202) 737-8200