By Michael C. Kondrla | Published February 23, 2017 | Posted in Environmental Cleanup Cost Recovery, Environmental Issues, Environmental Litigation, Litigation | Leave a comment
Search Site
10 Jefferson Plaza, Suite 400 | Princeton, New Jersey 08540
845 Third Avenue, 6th Floor | New York, New York 10022
845 Third Avenue, 6th Floor | New York, New York 10022
Call for a consultation
732-355-1311
Monthly Archive
February 2017
1 - 3 of 3
Page 1 of 1
Laches to defeat a private party contribution claim under the Spill Act?
In 2015, the New Jersey Supreme Court ruled that private party contribution claims under the New Jersey Spill Compensation and Control Act (the “Spill Act”) are not time barred by a statute of limitations. See Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015). Accordingly, private claims for contribution pursuant to the Spill Act Read More
Read MoreWhen Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation
In 18-01 Pollitt Drive, LLC v. Engel, the Appellate Division held that the discard of piping, a sump pit, and concrete flooring during remediation constitutes spoliation of material, physical evidence. Docket No. A-4833-13T3 (App. Div. Oct. 31, 2016). Spoliation of evidence occurs when a litigant has “hidden, destroyed, or lost relevant evidence and thereby impaired Read More
Read MoreA draft settlement is not an executable agreement for parties seeking to settle Natural Resource Damage liability under the Spill Act
The Appellate Division recently handed down its decision in Cumberland Farms, Inc. v. New Jersey Department of Environmental Protection, et al., holding that no enforceable settlement existed between the two parties with respect to Natural Resource Damage (“NRD”) claims associated with fifty-four sites. Under the Spill Act, the New Jersey Department of Environmental Protection (“DEP”) Read More
Read More
1 - 3 of 3
Page 1 of 1
Our Attorneys
Contact Our Firm
