State AG Database – New Jersey

The following is a list of major actions taken by the New Jersey Attorney General to ensure that environmental laws are fully implemented and enforced:

• Lawsuits v. Federal Government

• Lawsuits v. Private Actors

• Defense of State Standards

Lawsuits v. Federal Government

Delaware Dept. of Natural Resources and Environmental Control v. U.S. Army Corps of Engineers (2010): Delaware and New Jersey brought action pursuant to the APA to challenge a decision made by the US Army Corp of Engineers to proceed with a dredging project to deepen the main navigation channel of the Delaware River without obtaining requisite approval pursuant to the CWA, CAA, CZMA, and Delaware code.

American Farm Bureau Federation v. EPA (D.C. Cir. 2009): Multi-state lawsuit challenging the adequacy of EPA’s 2006 revision to the National Ambient Air Quality Standards (NAAQS) regulating soot pollution under the Clean Air Act.

New Jersey et al. v. EPA (D.C. Cir. 2008): Multi-state challenge the EPA’s decision to migrate mercury regulations from section 112 to section 111 of the Clean Air Act.

Massachusetts v. EPA (2007): Multi-state challenge to EPA denial of petition to regulate GHGs from motor vehicles under CAA.

New York v. EPA (D.C. Cir. 2006): Multi-state challenge to 2002 EPA rules modifying maintenance exceptions to New Source Review.

New York v. U.S. EPA (D.C. Cir. 2005): Multi-state challenge to 2002 EPA rule creating and modifying standards for the New Source Review process.

New York v. Bodman (S.D.N.Y 2005): Multi-state lawsuit challenging the Department of Energy (DOE)’s failure to create energy efficiency standards for consumer appliances according to the timeline established by the Energy Policy and Conservation Act (ECPA).

NRDC v. Abraham (2004): States joined NRDC lawsuit challenging the DOE’s attempt to lower energy efficiency standards for certain appliances under the Energy Policy and Conservation Act (ECPA).

Lawsuits v. Private Actors

Settlement, Connecticut v. Hyundai Motor Co. (Conn. Super. Ct. 2016): Multi-state settlement of consumer-protection claims against car manufacturers that overstated their vehicles’ fuel efficiency.

New Jersey v. Centennial Land & Development Corp. (2016): New Jersey AG represented New Jersey Department of Environmental Protection in action against developer, holding company for developer, and company’s owner seeking to enforce prior directives to effect repairs and maintenance as required by the Safe Dam Act.

New York v. American Electric Power Service Corp. (S.D. Ohio, 2007): Multi-state litigation under Clean Air Act alleging violations of New Source Review permitting process to reduce sulfur dioxide emissions in coal-fired power plants.

American Electric Power v. Connecticut (2011): Federal common law nuisance claim against five major electric power companies for their contribution to climate change through greenhouse gas emissions.

Defense of State Standards

Central Valley Chrysler-Jeep, Inc. v. Goldstene (2007): State AGs intervened in lawsuit to defend California’s greenhouse gas emission standards for motor vehicles against challenge alleging that the standards are preempted by the Energy Policy and Conservation Act (EPCA).