ELR Citation: ELR 20899
No(s). 1099-73 (D.N.J. Aug 27, 1973)

Plaintiffs' assertion that vehicular traffic to and from a planned stadium complex would cause violation of federal air quality standards is too speculative to warrant an injunction against construction of the stadium. The conclusion of the state Department of Environmental Protection that the complex would not interfere with national ambient air standards for sulfur dioxide is sufficiently buttressed by technical expertise and renders it unlikely that plaintiffs will ultimately prevail on the merits. Plaintiffs' additional contention that the state Sports and Exposition Authority Law is superseded by the Clean Air Act is erroneous since a federal law can only supersede a state statute dealing with the same subject area. Nor does a provision in New Jersey's proposed transportation plan requiring EPA approval of new parking facility construction provide grounds for an injunction, since the plan does not have the force of law until it becomes final.

Counsel for Plaintiffs
Frederick C. Mezey
Mezey & Mezey
93 Bayard Street
New Brunswick, NJ 08903

Counsel for Defendants
James C. Pitney
Pitney, Hardin & Kipp
570 Broad Street
Newark, NJ 07102

George F. Kugler Jr., Attorney General
Joseph M. Clayton Jr., Deputy Attorney General
Statehouse Annex
Trenton, NJ 08625