NJ Appeals Court Makes Room For The State In Spill Act
Law360, New York (October 9, 2015, 11:57 AM EDT) -- Responsible parties cleaning up contaminated sites in New Jersey now have an additional party to target for contribution to further reduce their liability for cleanup and removal costs: the state of New Jersey itself. Faced with an issue of first impression, the Appellate Division of the Superior Court of New Jersey in NL Industries Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct. App. Div. Aug. 26, 2015) (approved for publication on Sept. 23, 2015), held that the state of New Jersey is subject to the strict liability provisions of the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 ("Spill Act"), and cannot evade such liability based on the immunities enumerated in New Jersey's Tort Claims Act, N.J.S.A. 59:1-1 - 12-3 ("TCA") or any doctrine of sovereign immunity....
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