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GATX Terminals Corp. v. New Jersey Dep't of Envtl. Protection

Citation: 11 ELR 20796
No. No. A-72, 429 A.2d 355/86 N.J. 46, (N.J., 05/04/1981)

The New Jersey Supreme Court upholds New Jersey's Spill Compensation and Control Act regulations applicable to the design and construction of hazardous waste storage and handling facilities. A lower court had invalidated the regulations on grounds that they exceeded statutory authority to provide standards for procedures, personnel, and equipment. The state supreme court, however, interprets the statutory mandate more broadly in view of the remedial nature of the Act. If the equipment standards called for by the statute are not viewed as embracing design and construction, the ability to prevent spills and discharges would be largely eliminated. Moreover, the existence of comparable federal regulations under analogous statutory language suggests that the state legislature contemplated regulatory standards for design and construction. In support of this inference, the court observes that the legislature did not attempt to curtail the regulatory program when it adopted subsequent amendments to the Act.

Counsel for Appellants
Deborah T. Poritz, Deputy Attorney General; John J. Degnan, Attorney General; Erminie L. Conley, Ass't Attorney General
Dep't of Law & Public Safety, 2d Floor, State House Annex, Trenton NJ 08625
(609) 292-4925

Counsel for Respondent
Charles J. Irwin, Robert A. Goodsell
Irwin & Post
744 Broad St., Newark NJ 07102
(201) 622-6351


For affirmance — None.