NJ Enviro Agency Claims Immunity In Landfill Seizure Case

Law360, New York (November 8, 2013, 7:10 PM EST) -- New Jersey’s Department of Environmental Protection on Thursday asked a federal judge to toss a suit brought by the owner of a former landfill, arguing immunity from prosecution insulates it from claims that it conspired to frustrate the owner’s operations before seizing control of the property.

The DEP filed a motion to dismiss the suit filed by Strategic Environmental Partners LLC, the owner of Roxbury, N.J.’s defunct Fenimore Landfill, which was seized by the DEP in June. The agency said the doctrine of sovereign immunity shielded...
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