NJ High Court Improves Cleanup Cost Allocation System

Law360, New York (August 12, 2014, 10:36 AM EDT) -- Parties sued by the New Jersey Department of Environmental Protection for remediation now have an immediate right to seek contribution from other potentially responsible parties. Following last month's unanimous ruling by the New Jersey Supreme Court in Magic Petroleum Corp. v. Exxon Mobil Corp., parties conducting remediation no longer have to wait until after the remediation is complete, nor do they need to obtain written approval of a remediation plan from the DEP before bringing contribution claims against other parties in an effort to recoup cleanup costs. This will allow courts to assign liability among parties prior to the completion of remediation, even though the total cost of the remediation may not yet be known....

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