NJ Enviro Decision Will Help Bankroll Site Cleanups

By Martin Bricketto (August 7, 2014, 8:12 PM EDT) -- A recent New Jersey Supreme Court decision allowing parties to launch contribution actions over contaminated sites without waiting on state enforcement efforts will help fund cleanups, but a finding that the state must approve actual cleanup costs could prove tough to implement, attorneys say.

Interpreting the state's Spill Compensation and Control Act, the court's July 28 decision in Magic Petroleum Corp. v. Exxon Mobil Corp. holds that parties on the hook for a contaminated parcel can sue others for contribution before the state Department of Environmental Protection resolves a remediation plan or some final tally of cleanup costs is reached. If...

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