Making It Harder To Obtain Damages Under NJ Spill Act

Law360, New York (October 16, 2012, 2:27 PM EDT) -- In a recent decision, the New Jersey Supreme Court held that in an action to obtain damages under the Spill Compensation and Control Act, the Department of Environmental Protection (DEP) must show a reasonable link between the discharge and the contamination at a specifically damaged site. N.J. Dep't of Environmental Protection v. Ofra Dimant, 2012 N.J. Lexis 956, at *54 (N.J. Sept. 26, 2012). According to the state Supreme Court, the DEP had failed to show a reasonable link, and the court denied DEP's claim for...
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