ELR Citation: ELR 21296
No(s). 90-1538(SSB) (D.N.J. Apr 20, 1990)

The court holds that the New Jersey Department of Environmental Protection is not required to show irreparable harm to obtain an order under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(e) granting access to land to perform a cleanup. Plaintiffs seeking injunctive relief need not show irreparable harm when Congress has displaced the normal equitable balancing with a statutory standard. The court holds that Congress intended CERCLA §104(e) to displace the requirement for irreparable harm required by authorizing a designated state officer, employee, or representative to enter land adjacent to a cleanup site when there is a reasonable basis to believe that there may be a threat of release of a hazardous substance. The legislative history to CERCLA's 1986 amendments demonstrate that access for response actions should be granted first, and that compensation should be determined later to avoid cleanup dalays.

Counsel for Plaintiff
Richard F. Engel, Deputy Attorney General
Hughes Justice Bldg., CN112, 25 Market St., Trenton NJ 08625
(609) 984-5612

Counsel for Defendant
John F. Rodgers Jr.
41 Grove St., Haddonfield NJ 08033
(609) 354-1316