Search Rutgers Law Library N.J. Court Opinions

16 NEW JERSEY TRANSIT CORPORATION v. CAT IN THE HAT, LLC -- rank: 693

... costs conferred on the State and other public entities by N.J.S.A. 58:10-23.11g-d(4). I     On April 7 and April 12, 2000 ... without regard to fault," for all cleanup and removal costs. N.J.S.A. 58:10-23.11g-c(1). Defendants shall be strictly liable for all cleanup ... or [are] in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g-c(1). The Spill Act defines a "discharge" to mean ... to an owner or operator to those provided by statute. N.J.S.A. 58:10-23.11g-d. Those defenses include an act or omission which leads ... solely by war, sabotage, or God, or a combination thereof." N.J.S.A. 58:10-23.11g-d(1). A person who acquired the property on or ... the discharge to NJDEP upon actual discovery of the discharge. N.J.S.A. 58:10-23.11g-d(1) and (2).     While severely limiting the defenses ...

docket:	a5496-00
court:	njappellate
decided:	2002-07-22
status:	published
citation:	*CITE_PENDING*
Document Size:	25061

17 STATE FARM FIRE AND CASUALTY COMPANY v. TIMOTHY SHEA CUMBERLAND MUTUAL FIRE INSURANCE COMPANY -- rank: 682

... soil contamination on his and neighboring property in accordance with N.J.S.A. 58:10-23.11g(d)(2), and was a responsible party under the Spill ... all cleanup and removal costs no matter by whom incurred. [ N.J.S.A. 58:10-23.11g(c)(1).] It also addresses the liability of a real ... all cleanup and removal costs no matter by whom incurred. [ N.J.S.A. 58:10-23.11g(c)(3).] The Spill Act further provides a defense to ... discharge to the department upon actual discovery of that discharge. [ N.J.S.A. 58:10-23.11g(d)(2).] The statute explains "no reason to know" as ... is misplaced. First, Marsh explains that the Spill Act, specifically N.J.S.A. 58:10-23.11g(d)(2), does not impose an affirmative duty on all ... be absolved from liability for soil contamination in accordance with N.J.S.A. 58:10-23.11g(d)(2). Unlike Dimant , Shea's case is not ...

docket:	a4124-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-28
status:	unpublished
citation:
Document Size:	41053

18 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION SITE REMEDIATION COMPLIANCE AND ENFORCEMENT v. RARITAN SHOPPING CENTER, LP -- rank: 679

... 1.1 to -5.8. The ALJ's decision quoted N.J.S.A. 58:10-23.11g(c)(1). 8 A final remediation document is 'a no ... had been discharged at the real property,'' as required by N.J.S.A. 58:10-23.11g(d)(5). Further, the case of A-1150-16T1 9 ... all cleanup and removal costs no matter by whom incurred.' N.J.S.A. 58:10-23.11g(c)(1). 'The strict liability imposed has been held to ... 3. An 'innocent purchaser' who satisfies all the provisions of N.J.S.A. 58:10- 23.11g(d)(5) is not liable for cleanup and removal costs ... discharge to the department upon actual discovery of that discharge. [N.J.S.A. 58:10-23.11g(d)(5).] All four elements of this section must be ... amendment of the Spill Act. We stated that: [u]nder N.J.S.A. 58:10-23.11g(d)(5), defendants must prove that, at the time ...

docket:	a1150-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-17
status:	Unpublished
citation:
Document Size:	37694

19 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al. v. EXXON MOBIL CORPORATION -- rank: 634

... For instance, in addressing the obligations of the Spill Fund, N.J.S.A. 58:10-23.11g.a identifies the types of "cleanup and removal costs" that ... otherwise liable for natural resource damages under the Act, specifically, N.J.S.A. 58:10-23.11g.c, and recognized DEP's authority to seek such damages ...

docket:	a6588-05
court:	njappellate
decided:	2007-06-06
status:	published
citation:	393 N.J. Super. 388
Document Size:	76835

20 Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C.et als. -- rank: 629

... any way responsible” for the discharge of any hazardous substance. N.J.S.A. 58:10-23.11g-c(1); See State, Dep’t of Envtl. Prot. v ... 23.11b. The Act provides limited defenses to property owners. N.J.S.A. 58:10-23.11g-d. Liability, for example, will not attach if a discharge ... solely by war, sabotage, or God, or a combination thereof.” N.J.S.A. 58:10-23.11g-d. Additionally, a property owner who acquires contaminated property on ... Department of Environmental Protection on actual discovery of the discharge. N.J.S.A. 58:10-23.11g-d(2). In 1991, the Legislature amended the Act to ... that began or occurred prior to the transfer of title. N.J.S.A. 58:10-23.11g-d(4). Further, the Spill Act was amended in 1997 ...

docket:	a-68-02
court:	njsupreme
decided:	2003-07-10
status:
citation:	177 N.J. 2
Document Size:	72641

21 MATTHEW P. TERRANOVA v. GENERAL ELECTRIC PENSION TRUST -- rank: 623

... or A-5699-16T3 8 God, or a combination thereof,' N.J.S.A. 58:10-23.11g(d)(1). And we do not agree that the Supreme ... only the defenses to liability available to parties pursuant to [N.J.S.A. 58:10-23.11g(d)].' N.J.S.A. 58:10- 23.11f(a ... The Spill Act's incorporation of the defenses enumerated in N.J.S.A. 58:10-23.11g(d) limits defendants to the following defenses: 'an act or ... which the contribution defendant or defendants are liable pursuant to [ N.J.S.A. 58:10- 23.11g].' N.J.S.A. 58:10-23.11f(a)(2 ... or is in any way responsible for any hazardous substance.' N.J.S.A. 58:10-23.11g(c)(1). 'A party even remotely responsible for causing contamination ...

docket:	a5699-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-04
status:	Published
citation:	457 N.J.Super. 404 200 A.3d 412
Document Size:	29150

22 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. NAVILLUS GROUP -- rank: 606

... 7 of [ N.J.S.A. 58:10-23.11f]. [ N.J.S.A. 58:10-23.11g(c)(1).] Additionally, [A]ny person who owns real property ... 7 of [ N.J.S.A. 58:10-23.11f]. [ N.J.S.A. 58:10-23.11g(c)(3).] The statute includes exceptions to liability, one known ... rules and regulations promulgated by the department defining these terms. . . . . [ N.J.S.A. 58:10-23.11g(d)(2).] The Sullivan defendants first argue that genuinely disputed ... reason to know that any hazardous substance had been discharged[.]" N.J.S.A. 58:10-23.11g(d)(2)(d). The corporation and the partnership failed to ...

docket:	a4726-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	59152

23 MAGIC PETROLEUM CORPORATION v. EXXON MOBIL CORPORATION -- rank: 575

... L.L.C. , 177 N.J. 2 , 18 (2003) (quoting N.J.S.A. 58:10-23.11g(c)(1)). The Legislature declared its purpose was to provide ... defendant or defendants are liable pursuant to the provisions of [ N.J.S.A. 58:10-23.11g] . . . . [ N.J.S.A. 58:10-23.11f(a)(2 ... a responsible person could be decided by the DEP. See N.J.S.A. 58:10-23.11g(c)(1) (stating any responsible person is strictly liable for ...

docket:	a1218-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-26
status:	unpublished
citation:
Document Size:	46422

24 SANDRA DORRELL v. WOODRUFF ENERGY, INC -- rank: 564

... without regard to fault, for all cleanup and removal costs.' N.J.S.A. 58:10-23.11g(c)(1). Woodruff regularly delivered fuel oil to a 1000 ... nexus between discharge, discharger and contamination at the damaged site.' N.J.S.A. 58:10-23.11g(c)(1) provides that any person who has discharged a ... who . . . is in any way responsible for any hazardous substance . . . .' N.J.S.A. 58:10- 23.11g(c)(1). We have previously recognized the phrase 'in any ... any way responsible' for discharges from the property it abandoned. N.J.S.A. 58:10- 23.11g(c)(1). We are also unpersuaded that equity demands that ...

docket:	a3144-17
court:	NJ Superior Court Appellate Division
decided:	2021-03-11
status:	Unpublished
citation:
Document Size:	68571

25 ANN BRADLEY v. JOSEPH KOVELESKY -- rank: 544

... only the defenses to liability available to parties pursuant to [ N.J.S.A. 58:10-23.11g(d)]." N.J.S.A. 58:10-23.11f(a ... The Spill Act's incorporation of the defenses enumerated in N.J.S.A. 58:10-23.11g(d) limits defendants to the following defenses: 'an act or ... 4 The Spill Act contains several other defenses to liability, N.J.S.A. 58:10-23.11g(d)(2)-(5), which the Morristown II Court did not ...

docket:	a0423-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-15
status:	unpublished
citation:
Document Size:	38520

26 /usr/local/share/www/libweb/collections/courts/appellate/a0668-15a0810-15.opn.html -- rank: 519

... for all cleanup and removal costs incurred by the [DEP] . . . . [N.J.S.A. 58:10-23.11g(c).] 21 A-0668-15T1 More importantly for purposes of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92561

27 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. VS. OFRA DIMANT, ET AL. -- rank: 516

... Manalapan , 140 N.J. 366 , 378 (1995). On this score, N.J.S.A. 58:10-23.11g(c)(1) provides in pertinent part that any person who ... its predecessor operators at the site are strictly liable under N.J.S.A. 58:10-23.11g(c)(1) for all costs and damages associated with all ...

docket:	A3180-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	published
citation:	418 N.J. Super. 530 14 A.3d 780
Document Size:	52206

28 Marsh v. New Jersey Department of Environmental Protection -- rank: 505

... requirement of due diligence created by the 1993 amendment to N.J.S.A. 58:10-23.11g because the amendment applied only to those transfers made on ...

docket:	a-7-97
court:	njsupreme
decided:	1997-12-18
status:
citation:	152 N.J. 137
Document Size:	35606

29 HANDY & HARMAN, ET AL , VS BOROUGH OF PARK RIDGE -- rank: 499

... under N.J.S.A. 58:10-23.11f(e). N.J.S.A. 58:10-23.11g(a) does not make the Fund liable for other pre-Act discharges.     Since N.J.S.A. 58:10-23.11g(a) is not retroactive, Park Ridge was required to prove ...

docket:	a0933-96
court:	njappellate
decided:	1997-06-27
status:	published
citation:	<a href=
Document Size:	24434

30 v. GRANT OIL COMPANY, ABLE ENERGY, PARSIPPANY FUEL OIL, EDWARD HSI and AMY HSI and SPARTAN OIL COMPANY - and PETRO INC., JOHNSON OIL COMPANY MEENAN OIL COMPANY d/b/a REGIONAL OIL COMPANY and GRANT OIL COMPANY, ABLE ENERGY, INC PARSIPPANY FUEL OIL C -- rank: 499

... Act claim for contribution are the statutory defenses referenced in N.J.S.A. 58:10-23.11g(d) and that a statute of limitations is not one ... available to the contribution defendant to those set forth by N.J.S.A. 58:10-23.11g(d)," and it includes "no provision of any defense available ...

docket:	a0313-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-23
status:	published
citation:	432 N.J.Super. 287 74 A.3d 968
Document Size:	45187