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Conservation Law Foundation, Inc. v. Patrick

ELR Citation: 41 ELR 20153
Nos. No. 06-11295, (D. Mass., 04/14/2011)

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a court has resolved all disputes concerning the merits of a case—including both liability and remedies--it must enter judgment pursuant to Fed. R. Civ. P. 58. The group argued that disputes regarding the appropriate remedies still exist and that the court ought to further enjoin MassDOT, thus rendering the entry of judgment premature. But the group's request for further injunctive relief fails because it has not demonstrated that it has suffered any injury—irreparable or otherwise—that demands the issuance of another injunction. Because no further injunctive relief is required to resolve the remedial aspect of this case, judgment is appropriate. The court noted that it was somewhat reticent to rely on the representations of MassDOT in light of its dilatoriness following the bench trial, which necessitated an injunction in May 2010. But additional judicial supervision of MassDOT’s activities is neither necessary to remedy the violations found in this case nor appropriate given the relationship between the court and the commonwealth of Massachusetts.