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Hartz Mountain Indus., Inc. v. Polo

Citation: 35 ELR 20223
No. No. 05-2530(JAP), (D.N.J., 10/26/2005)

A court holds that a construction company and an individual lacked standing to challenge a U.S. Army Corps of Engineers' permit allowing a developer to fill waters of the United States in connection with the construction of a mixed-use redevelopment project within the New Jersey Meadowlands in East Rutherford, New Jersey. The company's business-related injuries are entirely conjectural, and the individual's alleged injuries—frustration and loss of time due to increased traffic—are nothing more than generalized, amorphous grievances shared by the public at large. In addition, they failed to demonstrate a causal connection between their alleged injuries and the challenged conduct. The traffic impacts are a result of the nature and scope of the overall redevelopment project, as well as land use and transportation measures, as proposed and ultimately authorized by the state in conjunction with other state agencies. As their allegations are pleaded, even if the project were constructed on portions that did not contain wetlands, thus obviating the need for a fill permit, the company and individual would still incur the same injuries.