New Jersey Supreme Court: State Not Liable under Spill Act for Pre-1977 Discharges

New Jersey’s Supreme Court ruled this week that the State cannot be held liable for pollution discharges that occurred prior to the adoption of the New Jersey Spill Compensation and Control Act (Spill Act). The case involves a Superfund Site in Laurence Harbor.  The State had granted approval in the 1960s for construction of a […]

Applying Equitable Principles, New Jersey Appellate Division Expands Spill Act Liability

The New Jersey Appellate Division recently construed the Spill Compensation and Control Act (the Spill Act) as permitting a property owner to compel neighboring owners to share in the costs of an investigation into the cause of and responsibility for contamination without first establishing the neighbors contributed to the contamination. This decision is significant, as […]