New Jersey continues to file Natural Resource Damage (NRD) lawsuits…
New Jersey continues to file Natural Resource Damage (NRD) lawsuits. Since announcing plans to aggressively pursue natural resource damages in January 2018, the Murphy Administration has brought 12 NRD suits.
Natural Resource Damage Lawsuits
Natural Resource Damages are intended to compensate the public for the injury to, destruction of, or loss of natural resources. Natural resources are broadly defined to include “land, fish, wildlife, biota, air, water, groundwater, drinking water supplies and other such resources.” New Jersey is authorized to recover the “cost of restoration and replacement of any natural resource…” under the New Jersey Spill Compensation Act (Spill Act). Several other state and federal statutes also provide the New Jersey Department of Environmental Protection’s (NJDEP) with additional authority to require the investigation and restoration of injured natural resources. These federal statutes include the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, and the Oil Pollution Act.
Latest NRD Suits
On December 18, 2019, Attorney General Gurbir S. Grewal and NJDEP Commissioner Catherine R. McCabe announced the filing of NRD lawsuits against The Sherwin Williams Company and Handy & Harman Electronic Materials Corp. One is against The Sherwin Williams Company, and the other is against Handy & Harman Electronic Materials Corp.
“As Attorney General, I have been committed to holding polluters accountable for the legacy of contamination they left in our state,” Attorney General Grewal said in a press statement. “Too many companies have treated the public’s natural resources like private dumping grounds, despite the health risks to our residents and the harms to our environment. That is why we’ve spent the past two years making polluters pay for the damage they caused, efforts that continue with today’s lawsuits. I am proud of the twelve natural resource damage actions that we filed in just two years, and I know that we are only getting started.”
The complaint against Sherwin Williams arises out of the company’s operations at sites in Gibbsboro, Voorhees Township and Lindenwold in Camden County. The State alleges that Sherwin Williams manufactured oil-based paints, lacquers and varnishes, and in the process discharged industrial wastes into the ground, into nearby Hilliards Creek and into other surrounding creeks and lakes.
The complaint against Handy & Harman arises out of its operations of an etching and surfacing facility in Montvale, Bergen County in the 1980s. During Handy & Harman’s ownership, the complaint alleges, hazardous substances – including the chemical TCE (trichloroethylene) – were discharged on the property, resulting in the contamination of groundwater and the closure of nearby drinking water wells.
The uptick in NRD lawsuits — nine filed in 2019 alone — strongly suggests that the Murphy Administration will continue to aggressively pursue natural resource damages. Given that such damages can often outweigh the costs of remediation, businesses should contact a knowledgeable New Jersey environmental law attorney to discuss any concerns.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Gross Lease vs. Net Lease: Understanding the Key Differences
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
