New Jersey Law

The Old Red Mill in Clinton

NJ Appellate Division Rules On NJDEP’s claims for NRD under the NJ Spill Act and Common Law

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…

NJ Supreme Court Rules No Statute of Limitations for Private Cost Recovery Actions Under the NJ Spill Act.

In Morristown Associates v. Grant Oil Co., an eagerly anticipated ruling, the New Jersey Supreme Court clarified a critically important and much debated issue as to whether private cost recovery claims under the New Jersey Spill Compensation and Control …

N.J. App. Div. Holds that the Spill Act has a 6 Year Statute of Limitation in Private Cost Recovery Actions

On August 23, 2013, the Appellate Division handed down its decision in Morristown Associates v. Grant Oil Co. Plaintiff in that case, the owner of a shopping center in Morristown, brought claims against prior owners of a dry cleaning business…

NJ App. Div. Affirms Dismissal of Spill Act Cost Recovery Action Based Upon NJDEP Primary Jurisdiction

On November 15, 2013, in an unreported decision, the N.J. App. Div. affirmed the dismissal of a private costs recovery action under the Spill Act on the basis of the primary jurisdiction of the NJDEP. This case, Meyer v. Constantinou

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

NJ App. Div. dismisses Spill Act contribution claim due to primary jurisdiction of NJDEP.

In Magic Petroleum, Inc. v. Exxon Mobil, the New Jersey Appellate Division dismissed, without prejudice, Magic’s claim for contribution of remedial costs against Exxon due to NJDEP’s primary jurisdiction of the remedial investigation at the plaintiff’s property. Plaintiff had been…

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…

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…

N.J. App. Div. rules that Spill Act liability requires a nexus between a discharge and the contamination of the surrounding environment.

In NJDEP v. Ofra Dimant, the New Jersey Appellate Division recently confirmed that liability under the Spill Act, requires a connection between the discharge of a contaminant and the contamination of the environment of that contaminant that was caused…


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.