New Jersey v. City of New York

Background

The State of New Jersey sued the City of New York, alleging the City long dumped large quantities of garbage into the Atlantic Ocean and that floating and submerged waste frequently washed up on New Jersey beaches. The Special Master found the affected shore runs about fifty miles from Atlantic Highlands to Beach Haven, includes 29 municipalities, significant summer-resort property and businesses, and fishing operations employing about 500 people. The Master reported visible piles of floating garbage, sometimes a foot above the water, and found that these masses move with wind and current and have been followed from dumping places to the New Jersey shore.

Reasoning

The Court adopted the Master’s detailed factual findings and concluded that much of the garbage dumped by the City was carried to New Jersey beaches and constituted a public nuisance. The Court rejected the City’s defenses that dumping outside state waters or under harbor permits prevented relief. The Court held New Jersey entitled to an injunction to stop the harmful dumping, but recognized the City needed time to change disposal methods. The Court therefore allowed a reasonable period for the City to install incinerators or other disposal systems approved by the decree.

Real world impact

Practically, the ruling requires New York to end ocean dumping that fouls New Jersey beaches once an approved disposal plan is implemented. The Court approved the Master’s recommendation and referred the question of what is a reasonable time to the same Special Master for prompt findings and a decree form. The decision aims to protect bathing, fishing, property values, and local resort business while giving the City a court-supervised timetable to change its disposal practices.