Private property owners brought federal litigation against a municipality over alleged wastewater discharges affecting their property and nearby wetlands. After technically intensive litigation, the parties reached a settlement providing monetary and other relief.

Building the environmental record

The firm pursued claims under federal and New Jersey environmental law as well as property-based theories including nuisance and trespass. The case required close examination of wastewater infrastructure, discharge permits, alleged migration from a municipal land application facility, wetlands, surface water connections, and claimed property impacts.

Discovery involved municipal records, witness testimony, photographs, videos, and competing experts. The legal questions included whether pollutants had reached jurisdictional waters or wetlands, whether the owners suffered legally cognizable injury, and whether the municipality's operations caused the claimed damages. The firm pursued federal Clean Water Act and New Jersey environmental claims alongside nuisance, trespass, and negligence theories. Both sides sought summary judgment. The district court denied both motions, concluding that factual disputes remained on significant issues, including the pathway of pollutants and the nature and extent of injury. That ruling allowed the owners' claims to continue but did not decide liability in their favor. The eventual settlement followed contested rulings rather than a merits judgment establishing a statutory violation.

Negotiated resolution

The firm continued pursuing relief after summary judgment proceedings, including an application for preliminary injunctive relief and an appeal to the Third Circuit following its denial. The parties eventually reached a negotiated settlement. It included monetary compensation and provisions concerning future events affecting the property and preservation of development-related rights.

Result

The federal action settled with monetary and nonmonetary relief for the property owners. The municipality did not admit liability.

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Past results do not guarantee a similar outcome. Results depend on the particular facts and legal circumstances of each matter.