NJ Appellate Division Revisits Spill Act Defenses; Finds Continuing Nuisance Claim Not Time Barred

The New Jersey Appellate Division recently issued a decision confirming that the exclusive list of defenses set forth in the Spill Compensation and Control Act (Spill Act) rules out reliance on equitable defenses, just as it precludes statute of limitations defenses. The decision is significant for site remediation cases. The underlying matter involved the construction […]

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 […]