Hess Can't Shake Claim Over Pollution At NJ Oil Refinery

Law360 (April 7, 2020, 6:11 PM EDT) -- Environmental regulators can pursue a common law strict liability claim against Hess Corp. over contamination at an oil refinery in New Jersey since the company was engaged in "abnormally dangerous" activities by storing and processing petroleum at the site, a state appellate panel said Tuesday in reviving that claim.

In a suit from the state Department of Environmental Protection, the panel said a trial judge was wrong to toss the claim against Hess on the grounds that the company's activities were not abnormally dangerous and that the claim was "subsumed" by the state's Spill Compensation and Control Act, which the agency...

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