ELR Citation: ELR 20180
No(s). Civ.A. 05-1724JAP (D.N.J. Aug 29, 2005)

A court denies environmental groups' motion to preliminarily enjoin the filling of and construction of a shopping, sports, entertainment, and hotel complex on 7.69 acres of wetlands in East Rutherford, New Jersey. The groups failed to establish a likelihood of success on the merits of their claim. The U.S. Army Corps of Engineers' definition of the overall project purpose and its determination that no practicable alternatives existed were neither arbitrary and capricious nor contrary to law. The groups also failed to establish irreparable harm. The mitigation required by the permit is sufficient to compensate for any aquatic resources that may be impacted by the filling. Moreover, the wetlands at issue are fragmented from other wetlands in the area, contaminated in excess of New Jersey standards, heavily disturbed by previous human activities, and dominated by flora having lower relative functional value as wildlife habitat. And the balance of the relative harms does not favor the groups, which weighs against the imposition of a preliminary injunction.