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Results for new jersey spill act articles
NJ Appeals Court Rules Municipal Courts Can Enforce Spill Act Penalties
Author: Daniel T. McKillopDate: January 27, 2020
Before the close of 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (DEP) can enforce the New Jersey Spill Compensation and Control Act (Spill Act) in municipal courts. The ruling in New Jersey Department of Environmental Protection v. Alsol Corporation is significant given that the NJDEP is increasingly seeking to enforce Spill Act penalties in the municipal courts.
The Spill Act provides that “any person who has discharged a hazardous substance, or is in any way responsible for any hazardous substance, shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs no matter by whom incurred.” The statute, N.J.S.A. 58:10-23.11f(a)(2)(a), also authorizes a private cause of action by a responsible party for contribution from other responsible parties.
Judicial Estoppel Available When Defending New Jersey Spill Act Suits
Under the Equitable Doctrine of Judicial Estoppel, Parties are Precluded from Taking a Position in a Case that is Contrary...
Eight Key Federal and New Jersey Environmental Law Developments From 2017
Federal and New Jersey Environmental Law Roundup for 2017 From regulatory changes to new court precedents, environmental issues can significantly...
John M. Scagnelli To Speak at the NJ State League of Municipalities Conference
John M. Scagnelli, a Scarinci Hollenbeck Partner and Chair of the firm’s Environmental and Land Use Law Group, will be...
NL Industries v. State of New Jersey Spill Act Decision
Legal Update: New Jersey Spill Act Decision The State of New Jersey can no longer assert that it should be...
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