Spill Act

News & Analysis as of

It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil

After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting...more

Too Little, Too Late: Judge Denies Environmental Groups’ Motion to Intervene in Chris Christie’s Exxon Mobil Settlement

A New Jersey state judge ruled on Monday that eight environmental groups and a New Jersey state senator cannot intervene to challenge the $225 million settlement with Exxon Mobil proposed by the New Jersey Department of...more

No Statute of Limitations for Private Contribution Claims Under New Jersey’s Spill Act

Selling a piece of commercial property often requires much negotiation and planning, and generally represents the culmination of a result of a well-reasoned business decision. And at the conclusion of the deal—and depending...more

New Jersey Spill Act: No Statute of Limitations After All

Several months ago we wrote about a then-pending challenge before the New Jersey Supreme Court over the question of whether the New Jersey Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq. was...more

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims

In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to...more

Case Settled! New Jersey Supreme Court Says No Time Limits to Spill Act Contribution Claims

Action Item: Defendants can no longer assert a statute of limitations defense to claims of contribution under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (“Spill Act”). ...more

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of...more

New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for...

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more

Environmental News Flash: New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims

In a much anticipated decision, the New Jersey Supreme Court ruled yesterday in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to Spill...more

NJ Spill Act Contribution Rights in Jeopardy Under Proposed Bill: Points to Consider - M&E Environment & Energy Alert

A bill (A-3880/S-444) recently introduced in both houses of the New Jersey legislature would prevent companies and private individuals from exercising their existing contribution rights under New Jersey’s Spill Act to recover...more

New Jersey Supreme Court Allows Early Contribution Claims Under the Spill Act

Parties sued by the New Jersey Department of Environmental Protection (“DEP”) for remediation now have an immediate right to seek contribution from other potentially responsible parties. Following last week’s unanimous ruling...more

Six-Year Statute of Limitations Applies to Spill Act Contribution Claim

On August 23, 2013, the New Jersey Appellate Division held that the general six-year statute of limitations for property damage applies to a private claim for contribution under the Spill Compensation and Control Act,...more

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill...more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

Site Remediation Reform Act Evolution

Although SRRA seems to be thorough and well written, there will be amendments to laws that were not anticipated or addressed in the legislative process that could be problematic for persons remediating property....more

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