By Stuart Lieberman | Published January 26, 2015 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Litigation, Site Remediation Reform Act | Tagged Tags: CERCLA, cleanup cost contribution, Contribution, environmental cleanup costs, environmental remediation, Morristown Associates, operator liability, owner liability, Spill Act, Spill Act Contribution, Spill Compensation and Control Act, Statute of Limitations | Leave a comment
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Spill Compensation and Control Act
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No Time Limit to Sue for Environmental Cleanup Costs in New Jersey
No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits Read More
Read MoreNJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6
NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More
Read MoreNJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case
Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More
Read MoreEPA May Add Contaminated New Jersey & New York Sites to Superfund List
On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York. The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More
Read MoreFirm Files Civil Suit Against Gas & Energy Company On Behalf of Edison Residents with Contaminated Property
Edison residents sue Chevron for alleged contaminationBy Jack Murtha General Media Newspapers (January 17, 2014) EDISON — Several residents have filed a civil lawsuit against Chevron Corp. for damages that allegedly stemmed from the company’s discharge of hazardous materials, which are said to have contaminated several properties off New York Boulevard. “This case is not Read More
Read MoreThird Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal
On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More
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