In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the discharge, ...

A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention and Response Act claim against the corporate spinoffs of Old Monsanto, the sole manufacturer of PCBs in the United States between 1935 and 1979. After discovering PCBs in some of the area schools, the tow...

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a trespass case filed against it by a neighboring rice farm. At trial, the farm argued that deep subsurface wastewater from the facility trespassed beneath its property, but the jury returned a verdict in the ...

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA). The property became contaminated after a...

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). The case arose after a commercial property owner sought to ...

A New Jersey appellate court held that the state environmental agency exceeded its authority when it seized control of a privately owned landfill under an emergency order intended to abate an alleged imminent threat to the environment arising from continued emissions of hydrogen sulfide. The order e...