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…
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 …
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…
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…
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 …
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…
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…
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…
In
NJDEP v. Ofra Dimant, et.al. 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. …