Analysis

Missing Rules Tee Up Litigation Debacle In NJ Pollution Blitz

Law360 (May 9, 2019, 7:21 PM EDT) -- New Jersey's renewed push to put polluting companies on the hook for replenishing natural resources following on-site contamination comes without formal rules on how to do so, setting the stage for expensive, protracted courtroom battles over how exactly to assess such damages, environmental attorneys and experts said.

DuPont and 3M are among the chemical powerhouses to get hit with the latest wave of natural resource damage, or NRD, actions filed by the Department of Environmental Protection. The lawsuits, which are distinct from actions seeking to recover costs for removing contamination, demand that polluting companies pay to restore their land's waterways, flora...

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