Disposal Of Contamination: Be Careful What You Throw Away

Law360, New York (June 8, 2017, 12:19 PM EDT) -- In a recent unpublished case, the Superior Court of New Jersey held that the plaintiff in a Comprehensive Environmental Response, Compensation, and Liability Act case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials. See 18–01 Pollitt Drive LLC v. Engel, 2016, (N.J. Super. Ct. App. Div. Oct. 31, 2016). The result is in keeping with a line of cases holding, somewhat surprisingly, that plaintiffs must retain the physical evidence from environmental remediations.

While this new case does not establish any precedent, it certainly serves as notice to anyone involved in remedial activities....

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