Free Motion to Enforce Judgment - District Court of Delaware - Delaware

Case 1:88-cv-00263-SLR

Document 300

Filed 07/18/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

NATURAL RESOURCES DEFENSE COUNCIL, INC., and DELAWARE AUDUBON SOCIETY, Plaintiffs, v. TEXACO REFINING AND MARKETING, INC., Defendant.

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Civil Action No. 88-263-SLR

MOTION TO ENFORCE JUDGMENT By this motion, plaintiffs Natural Resources Defense Council, Inc. and Delaware Audubon Society respectfully seek enforcement of the Court's prior judgments dated September 1, 1998 and February 23, 2000. Plaintiffs urge the Court to rule that defendant Texaco Refining and Marketing, Inc. has failed to comply with the requirements of the Court's prior orders by (1) misinterpreting data generated by a Court-ordered study of contamination in the Delaware River and (2) failing to carry out or complete essential elements of the Court-ordered study. Plaintiffs suggest that the Court refer the matter in the first instance, for scientific advice, to the Court-appointed expert who designed the study the Court required defendant to conduct. In support of their motion, plaintiffs submit an Opening Brief, two declarations, a four-volume appendix, and a statement pursuant to Local Rule 7.1.1.

Case 1:88-cv-00263-SLR

Document 300

Filed 07/18/2005

Page 2 of 2