New Jersey Spill Act: Innocent Purchaser Defense

Landowners seeking to avoid liability under the New Jersey Spill Act for prior discharges of hazardous substances can attempt to do so by affirmatively establishing the elements of the “innocent purchaser” defense.  Establishing “innocence” depends in large part on meeting due diligence requirements to establish that “all appropriate inquiry” into prior ownership and uses of […]

Supreme Court Rules Against DEP on Spill Act Proofs

In a September 26, 2012 decision, the New Jersey Supreme Court decided that to recover money damages under the Spill Compensation and Control Act (Spill Act), it is not enough for DEP simply to prove that a defendant discharged a hazardous substance present at the contaminated site. Rather, to obtain monetary damages DEP must show […]