New Jersey Law

The Old Red Mill in Clinton

9th Circuits holds owner of property at time cleanup costs are incurred is the owner under CERCLA

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…


NJ Trial Court Rules against NJDEP on NRD claim for failure to prove compensable harm or loss.

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…


Remaining defendant is liable for past costs not covered by CERCLA consent decree.

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…


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…


District Court holds the Statute of Limitations for NRD claims under CERCLA is triggered by constructive knowledge of injury by Trustee.

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…


The N.J. App. Div. rules that common law causes of action for NRD are subject to extended statute of limitations for environmental cleanup, and in a separate decision, that NRD assessment cost reimbursement must await the end of the case.

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…


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.


Steven Kunzman to Co-Chair Seminar on Groundwater Contamination

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 NRD claim, trial Court dismisses common law causes of action of nuisance and trespass under the statute of limitations as they are not “environmental laws” and there was no “continuing tort.”

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…