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 Results for ("N.J.S.A. 58:10-23.11g")   1 to 15 of 61 results. Run time: 0.665 seconds | Search time: 0.658 seconds    
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1 NL Industries, Inc. v. State of New Jersey -- rank: 1000
... legislative statements, whether the change in the first sentence of N.J.S.A. 58:10-23.11g(c)(1)—to “no matter by whom incurred ... established the liability provisions of the Spill Act (codified at N.J.S.A. 58:10-23.11g). From its inception, the Act defined “any person” to ... amendments. L. 1979, c. 346, § 5(c) (codified at N.J.S.A. 58:10-23.11g(c)(1)) (new material in bold and underlined). Section 7 ... Legislature revisited the liability section of the Spill Act. See N.J.S.A. 58:10-23.11g(c)(1). That amendment is set forth in full, with ... 11f] . [ L. 1991, c. 85, § 4(c) (codified at N.J.S.A. 58:10-23.11g(c)(1)).] In addition to that amendment, the 1991 amendment ... hazardous substances; none referred directly to the changes made to N.J.S.A. 58:10-23.11g(c)(1). See Sen. Envtl. Quality Comm., Statement to ...
docket: a-44-15
court: New Jersey Supreme Court
decided: 2017-03-27
status:
citation:
Document Size: 100516
2 Morristown Associates v. Grant Oil Co. -- rank: 921
... 1991). The contribution provision of the Spill Act cross references N.J.S.A. 58:10-23.11g(c) (“Any person who has discharged a hazardous substance ... to fault, for all cleanup and removal costs.”) and N.J.S.A. 58:10 23.11g(d) (“An act or omission caused solely by war ... 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 ... 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 ... which the contribution defendant or defendants are liable pursuant to [ N.J.S.A. 58:10 23.11g(c)], and the contribution defendant shall have only the defenses to liability available to parties pursuant to [N.J.S.A. 58:10 23.11g(d)] . In resolving contribution claims, a court may allocate ...
docket: A-38-13
court: NJ Supreme Court
decided: 2015-01-26
status:
citation: 220 N.J. 360 106 A.3d 1176
Document Size: 100635
3 NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY v. JOSEPH MARCANTUONE -- rank: 867
... were not "in any way responsible" for the contamination under N.J.S.A. 58:10-23.11g(c)(1) of the New Jersey Spill Compensation and Control ... Spill Act 2 creating the "innocent purchaser" defense codified at N.J.S.A. 58:10-23.11g(d)(5). According to plaintiff, the only way an owner ... that that is the case. The "innocent purchaser" defense in N.J.S.A. 58:10-23.11g(d)(5), applicable to those who acquired contaminated land before September 14, 1993, read in pari materia with N.J.S.A. 58:10-23.11g(d)(2), which provides a similar defense to those who ... addressing the elements of the "innocent purchaser" defense established under N.J.S.A. 58:10-23.11g(d)(5). Because we reverse the trial court's grant ... person who acquired real property prior to September 14, 1993. [ N.J.S.A. 58:10-23.11g(d)(2).] The 1993 amendments to the Spill Act ...
docket: a1868-10
court: NJ Superior Court Appellate Division
decided: 2012-10-29
status: published
citation: 428 N.J.Super. 546 54 A.3d 830
Document Size: 56574
4 New Jersey Dep't of Envtl. Prot. v. Ofra Dimant -- rank: 772
... cleanup and removal costs no matter by whom incurred.” N.J.S.A. 58:10-23.11g(c)(1). The phrase “in any way responsible” was ... into non-leaking containers does not constitute “a discharge”). N.J.S.A. 58:10-23.11g(c)(1) establishes a broad scope of liability under the ... cleanup and removal costs no matter by whom incurred.” N.J.S.A. 58:10-23.11g(c)(1). Legislative history on the Spill Act phrase ... “ associated with a discharge.” (Emphasis added). Further, in N.J.S.A. 58:10-23.11g(a), which defines the scope of “direct and indirect ... for damages, and CERCLA permits divisibility among responsible parties. Compare N.J.S.A . 58:10-23.11g(c)(1) (imposing joint and several liability on any person ...
docket: A-2-11
court: New Jersey Supreme Court
decided: 2012-09-26
status:
citation: 212 N.J. 153 51 A.3d 816
Document Size: 114067
5 A&S RUSSO REAL ESTATE, LLC v. RODMAN W. CHRYSLER -- rank: 769
... them. The judge dismissed count nine on the ground that N.J.S.A. 58:10-23.11g(c)(1) did not provide for a private cause of ... prior decision that no private cause of action existed under N.J.S.A. 58:10-23.11g(c)(1). BEI argued that the contribution claim alleged in ... explicitly limits a contribution defendant to those defenses enumerated in N.J.S.A. 58:10-23.11g(d)(1): "an act or omission caused solely by war ... or is in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1); see In re Kimber Petroleum Corp. , 110 N ... 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 ... scope of persons or entities "in any way responsible" under N.J.S.A. 58:10-23.11g(c)(1). A&S has not presented any argument ...
docket: a1743-13
court: NJ Superior Court Appellate Division
decided: 2015-09-21
status: unpublished
citation:
Document Size: 46139
6 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 769
... which the contribution defendant or defendants are liable pursuant to [ N.J.S.A. 58:10- 23.11g(c)], and the contribution defendant shall have only the defenses to liability available to parties pursuant to [ N.J.S.A. 58:10-23.11g(d) not applicable here]. In resolving contribution claims, a court ... to any other statute or under common law. [(Emphasis added).] N.J.S.A. 58:10-23.11g(c)(1) attaches broad liability as follows: [A]ny person ... 58:10-23.11f. [(Emphasis added).] 6 The exceptions in N.J.S.A. 58:10-23.11g(12) are not applicable here. 7 ''Local unit' means any ... which the contribution defendant or defendants are liable pursuant to [ N.J.S.A. 58:10- - 23.11g(c)].' N.J.S.A. 58:10-23.11g(c)(1) states 'any person who has discharged A- ...
docket: a2036-17
court: NJ Superior Court Appellate Division
decided: 2021-12-27
status: Unpublished
citation:
Document Size: 103693
7 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 764
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket: a4620-10
court: NJ Superior Court Appellate Division
decided: 2012-04-24
status: unpublished
citation:
Document Size: 143721
8 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 764
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket: a4625-10
court: NJ Superior Court Appellate Division
decided: 2012-04-24
status: unpublished
citation:
Document Size: 143721
9 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 764
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket: a4623-10
court: NJ Superior Court Appellate Division
decided: 2012-04-24
status: unpublished
citation:
Document Size: 143721
10 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 764
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket: a4628-10
court: NJ Superior Court Appellate Division
decided: 2012-04-24
status: unpublished
citation:
Document Size: 143689
11 NL INDUSTRIES, INC. v. STATE OF NEW JERSEY -- rank: 761
... cleanup and removal costs no matter by whom incurred.” N.J.S.A. 58:10-23.11g(c)(1) (emphasis added). A “person” is defined by ... any discharge which occurred or began prior to that ownership. [ N.J.S.A. 58:10-23.11g(d)(4).] Even though the State has acknowledged both the ... s imposition of strict liability. Id. at 486-87; see N.J.S.A. 58:10-23.11g(c). As the Court explained, “[W]hen the Legislature ... is in any way responsible for any hazardous substance,” N.J.S.A. 58:10-23.11g(c)(1) (emphasis added); which plainly includes the State. Notably ... is in any way responsible for any hazardous substance.” N.J.S.A. 58:10-23.11g(c)(1). 12 After the 1979 amendment, “[n]o ...
docket: nlindustries-v-state
court: NJ Superior Court Law/Chancery Division
decided: 2014-08-27
status:
citation:
Document Size: 59086
12 /usr/local/share/www/libweb/collections/courts/appellate/a4620-10a4623-10a4625-10a4628-10a0067-11.opn.html -- rank: 755
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 139513
13 A-4628-10T2 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION -- rank: 755
... net" that encompasses all parties that would be liable under N.J.S.A. 58:10-23.11g. Pitney , supra , 277 N.J. Super. at 487-88. According ... occurred for which the contribution . . . defendants [were] liable pursuant to . . . [ N.J.S.A. 58:10-23.11g.]" N.J.S.A. 58:10-23.11f(a)(2 ... such equitable factors as the court determines are appropriate." Ibid. N.J.S.A. 58:10-23.11g(c)(1) provides that "any person who has discharged a ... they are directly responsible to the appropriate government agency under [ N.J.S.A. 58:10-] 23.11g or responsible by way of contribution obligations under [ N.J ... relief may be granted under Rule 4:6-2(e). N.J.S.A. 58:10-23.11g(c)(1) imposes liability on those who have either "discharged ... Drum parties "in any way responsible for any hazardous substance." N.J.S.A. 58:10-23.11g(c)(1). The Drum parties also take issue with ...
docket: a0067-11
court: NJ Superior Court Appellate Division
decided: 2012-04-24
status: unpublished
citation:
Document Size: 145002
14 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: A1656-00
court: NJ Superior Court Appellate Division
decided: 2002-07-22
status: published
citation:
Document Size: 26820
15 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: A0974-00
court: NJ Superior Court Appellate Division
decided: 2002-07-22
status: published
citation: 353 N.J. Super. 364 803 A.2d 114
Document Size: 26972
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