New Jersey v. City of New York

Background

This case involves the City of New York and a dispute over dumping garbage, refuse, and other noxious matter into the ocean off the coast of New Jersey. The decree implements an earlier decision announced May 18, 1931, and follows a special master’s report filed November 23, 1931. After considering pleadings, evidence, and exceptions, the Court entered a detailed decree to carry that prior decision into effect.

Reasoning

The core question was what steps the city must take to stop pollution of the offshore waters and nearby shores. The Court enjoined New York City, its employees, agents, and anyone acting under its authority from dumping or causing others to dump garbage into those waters on and after June 1, 1933. The Court ordered the city to operate existing incinerators and related facilities "in such a manner as to reduce to the lowest practicable limit" the amount of garbage dumped at sea. The City must file reports with the Clerk on April 1 and October 1 each year beginning April 1, 1932, showing construction progress on incinerators and the amounts dumped. Either party may apply for further relief on notice, and the Court retained jurisdiction to modify the decree.

Real world impact

The decree forces New York City to change waste disposal practices, reduce ocean dumping, and build or operate incinerator plants. The city must provide regular publicly filed progress reports and can be brought back to court for changes or enforcement. The costs and special master’s expenses are to be taxed against the City, creating a financial consequence for noncompliance.