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 […]

No Statute Of Limitations For Spill Act Contribution Claims

The general statute of limitations for claims alleging injury to real property is six years.  However, a recent decision of the New Jersey Supreme Court ruled that private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are not subject to any statute of limitations.

Supreme Court Clarifies Timing of Spill Act Claims

New Jersey’s Spill Compensation and Control Act (Spill Act) prohibits the discharge of hazardous substances into the environment, and makes dischargers jointly and severally liable for the resulting environmental contamination.  Joint and several liability means the State may collect the entire amount of cleanup costs from one discharger, even when that party was only partially […]

Spill Act Claim Subject To Statute Of Limitations

The Appellate Division of the New Jersey Superior Court has decided that private claims for contribution pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are subject to a statute of limitations.  In the case of Morristown Associates v. Grant Oil Company, the plaintiff argued that because the Spill Act states that […]