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
Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 post image

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 and Rising Stars Lists Scarinci Hollenbeck is pleased to announce that several of its attorneys have been selected for inclusion in the New Jersey Super Lawyers 2026 and Rising Stars lists. The annual recognition highlights attorneys who have attained a high degree of peer recognition […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026"
Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List post image

Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List

ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List"
Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys post image

Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys

Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys"
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List post image

NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List

Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List"
John M. Scagnelli Re-Elected to LSRPA Board of Trustees post image

John M. Scagnelli Re-Elected to LSRPA Board of Trustees

Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "John M. Scagnelli Re-Elected to LSRPA Board of Trustees"
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey post image

Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey

Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey"

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!