DRN, et al. petition to U.S. Fish and Wildlife (ESA Petition filed August 2, 2005) DRN filed a petition for emergency listing of the Red Knot as an endangered species and seeking protection of habitat pursuant to the Endangered Species Act. We are currently considering an APA action on the petition. This petition was drafted and filed by DRN on behalf of five organizations. The Red Knot rufa is considered a candidate species as a result.

Delaware Riverkeeper Network (DRN) filed a motion for preliminary injunction to stop all action on building a critical transportation facility in the floodplain of the Delaware River in the Historic District of Easton, PA. Despite the Federal Transit Administration's (FTA) decision - in response to DRN's lawsuit filed in June - that the Riverwalk federal transportation project requires an environmental assessment before the project can move ahead, the Easton Parking Authority continues to ignore Federal law and Easton's own sound policies regarding floodplain development lured by the continued expectation of big federal dollars. The Riverwalk development project is going to use federal funding from the FTA for a transit facility (bus depot and parking garage) in a joint venture by the Lehigh and Northampton Transportation Authority, the Easton Parking Authority and a private condominium developer who will add 7 stories of residential condominiums to the structure, producing a 12 story tower that will loom over the Delaware River and the historic districts of Easton and Phillipsburg, NJ.

DRN, et al. v. Pozsgai (Eastern District of PA, Civ. No. 88-6545): Delaware Riverkeeper Network intervened in a Department of Justice EPA action to enforce a Court Order to protect wetlands in lower Bucks County. In a ruling issued March 8, 2007, the United States District Court for the Eastern District of Pennsylvania held in contempt the defendants John and Gisella Pozsgai for illegally filling the wetlands without a permit and for defying, for 17 years, the Court's order to restore the wetlands. The Pozsgai's were ordered to restore the wetlands within a 90day period -- they have appealed and the case continues.

DRN, et al. v. Mercer County Corrections Center (Civ No. MER-L-439-03) Filed suit under the New Jersey Environmental Rights Act for violations of the New Jersey Water Protection and Water Management statutes. The case settled and the Delaware River was spared a direct point source discharge.

DRN, et al. v. PaDEP and Portland Borough (Pennsylvania EHB appeal numbers 2003-083-MG; 2003-299-MG): Appeal of Act 537 Plan and NPDES permit for the construction of a Sewage Treatment Plant and its related discharge of treated effluent in the Delaware River that is soon to be designated Special Protection Waters by the Delaware River Basin Commission (DRBC) Although we lost the actual decision in this case, our litigation resulted in a change in the way the DRBC reviews 537 Plans.

New Jersey Builders Association v. NJDEP Delaware Riverkeeper Network River Resources Law Clinic partnered with Rutgers Environmental Law Clinic to intervene in the New Jersey Builder's Association appeal of the New Jersey Storm Water Regulations.  The New Jersey Supreme Court denied the New Jersey Builders Association's petition challenging the 300 foot buffer rule contained in New Jersey's stormwater regulations adopted in 2004.  In a strong decision, the Court upheld the regulations and the NJDEP's ability to strongly regulate for protection from the harms of stormwater runoff.

"The Appellate Division decision upholding the 300 foot buffer rule stands. 

Delaware Riverkeeper, et al. v. United States Army, et al., No. 1:06CV02166 (D.D.C.):  After 3 years of advocacy and a lawsuit filed by the Delaware Riverkeeper Network's River Resources law clinic Dupont pulled out of the project it was pursuing with the US Army to dump 1200 tons of VX nerve agent waste in the Delaware River.  The VX nerve agent waste would have been transport from a secure army depot in Newport, Indiana, across four states, at an average rate of 2 truckloads a day for a period of 2 years where it would be delivered to the Dupont Chambers Works for minimal additional treatment and then discharge.  Just 2 weeks after the Delaware Riverkeeper Network filed suit the proposal was dropped and dead.