County, the Court concludes that the Plaintiffs' suit is barred by laches.
The Plaintiffs and the Defendants filed motions for summary judgment accompanied by hundreds of pages of documents on the eve of the trial of this case. Because of the inexcusable late filing of the motions and because there were material facts in dispute the Court will deny the motions. The Defendants' motion to strike Plaintiffs' supplemental list of prospective witnesses is denied because those witnesses never testified.
IV. Conclusions of Law.
1. The Plaintiffs' pursuit of state administrative and state court actions does not excuse their failure to file a timely complaint in federal court pursuant to NEPA.
2. The possibility of personal liability on the part of the Plaintiffs to the Lycoming County Commissioners and Loyalsock Township does not excuse the delay in the filing of the Plaintiffs' complaint.
3. The Lycoming County Commissioners, DER, and the Bureau of Prisons, and the other Defendants in this action had no responsibility to file an action for a declaratory judgment to determine if their actions had violated NEPA.
4. The late intervention of the DER and the Lycoming County Commissioners as Defendants to this action does not bar them from raising the defense of laches to the Plaintiffs' complaint.
5. The Plaintiffs' attempt to convince the Lycoming County Commissioners to modify or abandon the landfill project at Allenwood Prison Camp does not excuse their delay in filing this complaint.
6. The Plaintiffs' reliance on the Bureau of Prisons' obligation to conform to the requirements of NEPA does not excuse the delay of the Plaintiffs in filing this complaint.
7. The fact that the Plaintiffs stated that on many occasions between August, 1974 and August, 1977 they intended to file a complaint pursuant to NEPA does not excuse their delay in filing that complaint.
8. The alleged financial condition of the Plaintiffs does not excuse their delay in bringing this lawsuit.
9. The Plaintiffs' delay in filing their complaint pursuant to NEPA was inexcusable.
10. The prejudice to the public interest arising out of a delay in opening the Allenwood landfill outweighs any prejudice to the public interest and to the Plaintiffs which will occur from the operation of the landfill.
11. It is unlikely that an EIS would result in any substantial change in the landfill project at Allenwood.
12. If the landfill project is delayed, the Lycoming County Commissioners, and Lycoming County residents, and residents of nearby counties will be severely prejudiced.
13. The Plaintiffs are barred by laches from bringing this lawsuit.
An appropriate order will be entered.
MUIR, U.S. District Judge [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 446 F. Supp.]
1. The Clerk of Court shall enter judgment for the Defendants.
2.The Plaintiffs' motion for summary judgment is denied.
3. The Defendants' motion for summary judgment is denied.
4. The Defendants' motion to strike the supplemental list of prospective witnesses filed by Plaintiffs is denied.
MUIR, U.S. District Judge
The issues having been duly reviewed by the Honorable Malcolm Muir, United States District Judge, and a decision having been rendered this date thereon,
It is Ordered and Adjudged that judgment be and hereby is entered in favor of the Defendants and the case be and hereby is dismissed.
Dated at Williamsport, Pennsylvania, this 30th day of January, 1978.
Donald R. Berry, Clerk of Court
© 1992-2004 VersusLaw Inc.