Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

NL Industries v. State of New Jersey Spill Act Decision

Author: John M. Scagnelli

Date: September 28, 2015

Key Contacts

Back

Legal Update: New Jersey Spill Act Decision

Important legal updates to the NJ Spill Act: The State can no longer assert exemption from liability under the New Jersey Spill Act

The State of New Jersey can no longer assert that it should be exempt from liability under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (“Spill Act”), based on a decision by the New Jersey Superior Court, Middlesex County in NL Industries v. State of New Jersey, Docket No. L-1296-14, affirmed by the Appellate Division this week (Docket No. A-0869-1413). In this case, Plaintiff NL Industries filed a complaint against the State seeking contribution under the Spill Act for cleanup costs associated with remediating contamination resulting from the construction of a sea wall and jetty at the Laurence Harbor shoreline in Old Bridge Township. The complaint alleged that the State, in accordance with its regulatory jurisdiction, approved the construction of a sea wall incorporating the use of heavy metal slag materials which ultimately caused or contributed to lead contamination for which the estimated cost of remediation was likely to exceed $75 million dollars. The State moved to dismiss, arguing, inter alia, that the Spill Act did not retroactively abrogate sovereign immunity, i.e., that they should not be held liable for any offending action or omission (in this case, lead contamination) that occurred prior to the enactment of the Spill Act in 1977 and that the N.J. Tort Claims Act requirements applied before the Spill Act liability could be imposed on the State.

In denying the State’s motion to dismiss Plaintiff NL Industries’ Complaint, Superior Court Judge Wolfson ruled that since the Spill Act’s definition of a “person” subject to the provisions of the Act expressly included the State of New Jersey, and because Spill Act liability extends to any person “who is in any way responsible” for discharging a hazardous substance, and granted a right of contribution against “persons who are in any way responsible” for discharging a hazardous substance,  it would be illogical to exclude the State from Spill Act liability. Judge Wolfson further ruled that the N.J. Tort Claims Act requirements did not apply to the State’s liability under the Spill Act.

Given this ruling, we can expect Plaintiffs and other parties involved in Spill Act litigation will be looking for opportunities to add the State as a party in their cases in appropriate situations.

If you have any questions about the NL Industries v. State of New Jersey decision or believe that it might apply to your case, please contact me, John M. Scagnelli.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Christopher D. Warren Appointed to NJ Ethics Committee post image

Christopher D. Warren Appointed to NJ Ethics Committee

Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Christopher D. Warren Appointed to NJ Ethics Committee"
Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law"
Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America® post image

Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®

Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®"
Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate post image

Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate

Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe Named GlobeSt. Influencer in Industrial Real Estate"
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators post image

Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators

NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING Four Litigators"
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock post image

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!