Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan Approval

Author: Kenneth J. Hollenbeck

Date: August 12, 2014

Key Contacts

Back

Under a recent decision by the Supreme Court of New Jersey, businesses can pursue contribution claims under the Spill Compensation and Control Act (Spill Act) prior to the conclusion of the New Jersey Department of Environmental Protection’s (NJDEP) enforcement efforts.

In Magic Petroleum v. ExxonMobil, the specific question before the court was whether the doctrine of primary jurisdiction, under which the court declines original jurisdiction and refers specific issues to the appropriate administrative body, applies to Spill Act contribution claims.

Plan

The Facts of the Case

In 2003, the NJDEP sued Magic Petroleum, Inc. (Magic) for the costs of remediating hazardous material on property owned by the company. Although Magic maintained that other parties contributed to the contamination, Magic was held liable for all of the cleanup expenses pursuant to the DEP’s determination that Magic was a discharger.

During the course of the NJDEP proceedings, Magic filed a claim for contribution under the Spill Act, alleging that Exxon Mobil Corporation (ExxonMobil) and several other parties were partly responsible for the remediation costs. The trial court dismissed Magic’s claim based on the doctrine of primary jurisdiction, concluding that the contribution claim could only be filed following complete remediation of the site.

The Appellate Division affirmed. It concluded that the NJDEP was in the best position to identify the extent of the contamination, analyze the extent of the discharge and devise a cleanup strategy; therefore, any claims for contribution should await the agency’s approval of a remediation plan.

The Legal Background

The Spill Act prohibits the “discharge” of “hazardous substances” into the environment and provides for the cleanup of that discharge. In addition, the Spill Act imposes strict liability and mandates that all dischargers are jointly and severally liable. Accordingly, the NJDEP may collect the entire amount of cleanup costs from one discharger, even when that party was only partially responsible for the spill.

Pursuant to the Spill Act, dischargers ordered by the NJDEP to pay for the entirety of cleanup costs may seek contribution from other responsible parties. In addition, courts are given liberal discretion to “allocate the costs of cleanup and removal among liable parties using such equitable factors as the court determines are appropriate.”

The Court’s Decision

The New Jersey Supreme Court disagreed with the lower courts. It unanimously held that “the Spill Act gives the court, not the DEP, jurisdiction over contribution claims.”

Accordingly, property owners or other responsible parties may file contribution claims in Superior Court, and a court may allocate liability before the final resolution of a site remediation plan by the DEP. The justices further ruled that the trial court may assign liability based on evidence presented at trial, but may not be able to issue a final damages award.

“Because the DEP may join a party at the onset of a claim, prior to determining the full extent of the contamination, it follows that a private entity is granted that same right to hold a responsible party accountable through a contribution claim,” Justice Faustino Fernandez-Vina explained. “To deny this right would be fundamentally unfair, especially when the contributing plaintiff could be liable for a substantial amount of the cleanup costs, even when not entirely, or even substantially, responsible for the contamination.”

If you have any questions about the NJ Supreme Court’s decision or would like to discuss how it may impact your company, please contact me, Ken Hollenbeck, or the Environmental and Land Use attorney with whom you work. 

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
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

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.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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