Hess Can Pursue Bid To Offset NJ Refinery Damages

Law360 (April 16, 2021, 10:29 PM EDT) -- A New Jersey state judge on Friday rejected as premature a bid from the state's Department of Environmental Protection to toss Hess Corp.'s counterclaims in an agency suit targeting contamination at a refinery site, saying he needed a more definitive sense of what natural resource damages regulators were seeking.

During a Zoom hearing on the DEP's dismissal motion, Superior Court Judge Thomas Daniel McCloskey said he would deny the agency's request to throw out the oil company's equitable recoupment and equitable set-off counterclaims in response to the department's second amended complaint over contamination at a facility in Woodbridge Township.

While the...

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