ELR Citation: ELR 20883
No(s). CIV-79-990 C (W.D.N.Y. Jun 9, 1981)

The Court denies defendants' motion for a protective order covering materials obtained through discovery in the government's action for damages for violations of anti-pollution laws and for common-law nuisance in Love Canal, New York. Defendants' proposed order would require that they receive 10 days' notice before any materials garnered through discovery are disclosed to a non-party and would prohibit the disclosure of documents which defendants classify as "confidential" until a court orders such disclosure. Defendants' allegations of injury are conclusory, without reference to specific instances where defendants' trade secrets will be disclosed or where they will be put at a competitive disadvantage. The court therefore determines that the record provides an insufficient basis upon which to evaluate defendants' claims of particularized need and denies the motion.

Counsel for Plaintiffs
Richard J. Arcara, U.S. Attorney; Jack S. Penca, Ass't U.S. Attorney
502 U.S. Cthse., Court and Franklin Sts., Buffalo NY 14202
(716) 437-4811

Michael Elder
Land and Natural Resources Division
Department of Justic, Washington DC 20530
(202) 633-5252

James Bunting, William Walsh
Office of Waste Programs Enforcement
Environmental Protection Agency, Washington DC 20460
(202) 382-3050

Robert Abrams, Attorney General
Dep't of Law, 2 World Trade Ctr., New York NY 10047
(212) 488-3320

Counsel for Defendants
Thomas H. Truitt, Steven K. Yablonski
Wald, Harkrader & Ross
1300 19th St. NW, Washington DC 20036
(202) 828-1200