The Remediation Wire

Legal News Regarding The Environment

Supreme Court Opens Door for Spill Act Claims

On January 26, 2015, in Morristown Associates v. Grant Oil Co., (A-38-13) (073248), the New Jersey Supreme Court confirmed that the general six-year statute of limitations contained in N.J.S.A. 2A:14-1 does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11f(a)(2)(a).  Consequently, individuals or entities […]

Spill Act Liability and the "Nexus" Test

On March 18, 2011, the Appellate Division ruled that under New Jersey’s Spill Act, strict liability for environmental discharges also requires proof of a “nexus between the discharge and the need for remediation and consequent damage”.  New Jersey Department of Environmental Protection v. Dimant, App. Div. (Parrillo, P.J.A.D.).  The court’s discussion and comparison of the State […]