State Not Afforded Retroactive Immunity From Spill Act Claims

In a case of first impression, the Appellate Division recently upheld a Law Division opinion holding that the State of New Jersey can be sued for contribution under the New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-22.11, for the costs of environmental cleanups regardless of when the alleged contamination took place.  The [...]

Appellate Division Rejects Effort To Narrow Newark Bay Complex Litigation

The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull.  The Department of [...]