ELR Citation: ELR 20300
No(s). 1037-70 (D.N.J. Jun 16, 1971)

Defendants' motion to dismiss denied. Plaintiff has standing to sue on its own and as a class representative to halt the commercial dredging and filling of tidal marshes off Gravens Island, because plaintiff has special interests in the protection of the environment which are subject to injury and are within the "zone of interests" sought to be protected by national legislation. The judicial trend is to grant standing to such conservation-minded groups. Defendants' claim of sovereign immunity fails when government officials have been charged with violating their statutory duty under the National Environmental Policy Act to protect the environment. An association whose members are harmed may suffer injury which need not be economic. Plaintiff has properly chosen a federal, rather than state, court because NEPA requires a federal hearing on the merits. Plaintiff is not defeated by laches without a showing of prejudice to defendant, and the complaint against a continuing and prospective offense was filed within a reasonable time. No political question is raised by plaintiff's request for a declaration of public trust, because a decision in this case would not be an advisory opinion resolving an abstract problem. Defendants' claim that plaintiff's action improperly invades state riparian rights is premature and ignores the compatibility of state and federal interests in promoting the general welfare.

Counsel for Cape May County Chapter:
Bernard S. Cohen
Cohen, Hirschkop, Hall & Jackson
110 North Royal Street
Alexandria, VA 22313
(703) 836-5550

Horace G. Brown
Brown, Connery, Kulp, Willie, Purnell & Greene
518 Market Street
Camden, NJ 08102
(609) 365-5100

Counsel for Federal Defendants:
Herbert Stern U.S. Attorney
D. William Subin Assistant U.S. Attorney
Camden, NJ 08102
(609) 963-2541

Counsel for State Defendants:
George F. Kugler, Jr. Attorney General
Malcolm S. Zlotkin Deputy Attorney General
State House Annex
Trenton, NJ 08625
(609) 282-2121

Counsel for Private Defendants:
Archibald Kreiger
Orlando & Orlando
35 Kings Highway East
Haddonfield, NJ 08033
(609) 428-5700