In a recent unreported decision, NJDEP v Hess Corp, the N.J. Appellate Division held that the N.J.
Spill Act does not subsume the common law claims the NJDEP asserted against the current and former
owners of a property used to…
On July 22, 2010, in
State of California v. Hearthside Residential Corp., the court addressed a question of
first impression: “whether the ‘owner and operator status under [CERCLA] is determined at the time that cleanup costs are incurred or instead…
In
NJDEP v. Essex Chemical Corporation, a trial court of the New Jersey Superior Court recently ruled that the NJDEP had failed to prove that contamination to ground water resulted in compensable harm or loss entitling the State to an…
In
U.S. v. Iron Mountain Mines, the U.S. District Court for the Eastern District of California granted summary judgment to the plaintiffs against Iron Mountain Mines and T.W. Arman for past costs which had not been resolved in a…
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…
On July 13, 2010, in
Commissioner of the Department of Planning and Natural Resources v. Century Alumina, LLC, et.al., the Federal District Court from the St. Croix division of the Virgin Islands, held that an action to recover natural resource…
As a follow up to the recent post on the trial court in
NJDEP v. Saint-Gobain, the New Jersey Appellate Division has taken a contrary view, which now governs the issue in New Jersey. In a published opinion in…
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. …
Steve Kunzman, partner in the firm, will be a co-chair of a comprehensive conference:
Groundwater Contamination and Vapor Intrusion Cases
The seminar, which will be put on by Law Seminars International, will take place at the Sheraton Newark Airport…
In
NJDEP v. Saint Gobain Plastics Corp. DiFrancesco, Bateman succeeded in having the State’s common law claims for natural resource damages (NRD) dismissed under New Jersey’s 10 year statute of limitations for the State’s assertion of claims: N.J.S.A. 2A:14A-1.2. Contamination…