No NJ Spill Act Damages Without Pollution Link, Court Says

Law360, New York (September 26, 2012, 7:18 PM EDT) -- The New Jersey Department of Environmental Protection must establish a reasonable, evidence-based link between a hazardous discharge and environmental contamination to seek damages under the state's Spill Compensation and Control Act, the New Jersey Supreme Court ruled Wednesday.

The high court agreed with lower courts that the DEP failed to demonstrate a sufficient connection between groundwater contamination in Bound Brook, N.J., and the alleged discharge of perchloroethylene by Sue's Clothes Hanger Inc., a laundromat and dry cleaning business that the regulator sued under the Spill Act...
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