New Jersey Law

The Old Red Mill in Clinton

NJ District Court Opens CERCLA Consent Decree and Agreement with Insurers For Neighbors Who Were Not Involved in Initial Actions and Settlement

In recent N.J. Federal Court decision, US v. South Jersey Clothing Co, et. al, the District of New Jersey addressed a scenario to decide whether a decade-old consent decree and settlement between responsible parties and their insurers should be reopened…


EPA Approves Amendments Regarding “All Appropriate Inquiry” for Protection of Purchasers of Property from CERCLA Liability

On December 30, 2013, the USEPA amended the Standards and Practices for All Appropriate Inquiry Rule (“AAI”) which addresses the manner by which a prospective purchaser can assess the environmental conditions of a property in order to receive liability protections…


US Supreme Court to Decide Whether CERCLA Limitations Provisions Preempt State Law Statutes of Repose

On January 10, 2014, the United States Supreme Court granted certiorari in CTS Corporation v. Waldburger, a case involving an issue which has divided courts as to the effect on state statutes of repose of CERCLA’s preemptive federal provision…


Environmental Case Summaries- 2012

The following are summaries of selected environmental decisions from 2012 focusingon New Jersey decisions, with some cases addressing other issues on a federal level.

New Jersey Spill Act

In NJDEP v. Dimant, 212 N.J. 153 (2012) the New Jersey Supreme




District Court Dismisses CERCLA Suit as Time Barred

On September 21, 2010, Judge Freda Wolfson of the U.S. District Court for New Jersey dismissed the claims of the United States against Rohm and Haas due to the limitations periods contained in CERCLA. The U.S. agreed that the suit…

CATEGORIES: CERCLA, Superfund

Ninth Circuit holds contribution claims of intervenors are not barred by prior settlement under Sec. 113 of CERCLA

On September 15, 2010, in City of Emeryville v. Robinson, the U.S. Court of Appeals for the 9th Circuit ruled that a prior settlement under CERCLA and California law between Sherwin-Williams and the City of Emeryville for the costs…


NJ Federal District Court dismisses CERCLA Section 113 and private nuisance claim by subsequent property owner that conducted voluntary cleanup.

On August 13, 2011, the Federal District Court for the District of New Jersey continued to clarify the limits of Section 113 claims under CERCLA and also addressed common law claims of a subsequent property owner in Queens West Development


NJ District Court rules that NJDEP waived its NRD claims

On September 29, 2010, in FMC v. American Cyanamid consolidated with U.S. v FMC Corporation, Judge Cavanaugh of the U.S. District Court for New Jersey granted summary judgment to FMC Corporation ruling that the NJDEP had waived its right to…


DOT held liable as an “arranger” under CERCLA for design and management of stormwater system.

In United States v. Washington State Department of Transportation, the U.S. District Court in Washington recently held the Washington State Department of Transportation (WSDOT) liable as an “arranger” of the discharge of hazardous materials under CERCLA. The case involved a…


SUMMARY OF DEVELOPMENTS IN CERCLA AND NJ SPILL ACT: 2011

This is a summary of some of the significant decisions of 2011 in CERCLA and N.J Spill Act litigation. ( Some of the decisions were previously reviewed in this blog.) CERCLA Arranger and Operator Liability: In Nu-West Mining Inc. v.