By Stuart Lieberman | Published September 15, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: Grant Oil, Morristown Associates, New Jersey Supreme Court, Spill Act, Spill Compensation and Control Act, Statute of Limitations, Statutes of Limitation | Leave a comment
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Category Archive
Environmental Cleanup Cost Recovery
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⟨ NJ 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 MoreNJ Supreme Court: Environmental Litigation Over Cleanup Cost Allocation May Proceed
Sets New Environmental Law Precedent New Jersey’s highest court has ruled that in private contribution claims arising under the Spill Act, “a party determined to be a discharger and held responsible for the cost of cleanup by the DEP is entitled to bring a contribution claim against other potentially responsible parties before the final tally Read More
Read MoreU.S. District Court Allows NJ Superfund Site Suit to Proceed
Earlier this month, U.S. District Court Judge Michael Shipp ruled that lead smelting company NL Industries (formerly National Lead) may maintain an action against over two dozen defendants for contribution relating to the clean-up of the Raritan Bay Slag Superfund site. The site in question includes the Laurence Harbor seawall adjacent to Waterfront Park in 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 MoreNJ Appellate Division Addresses Spoliation of Evidence in Recent Decision
Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More
Read MoreNJ Supreme Court Recognizes Direct Claim for Contribution between Insurers
The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More
Read MoreNJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims
On September 24, 2013, the New Jersey Supreme Court handed down an important insurance case in Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, ____ N.J. ____ (2013) that could change the way that insurance coverage is allocated for environmental claims when dealing with an insolvent insurance carrier. In Read More
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