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Hazardous wastes & substances

New Jersey Dep't of Envtl. Protection v. Exxon Mobil Corp.

The court, in a matter of first impression, held that an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act) for damages for the "loss of use" of natural resources adversely affected by its...

W.R. Grace & Co. v. Weja, Inc.

The court reversed and remanded a lower court decision dismissing a property owner's claims against the former tenants and operators of a gas station in New Jersey and two oil companies that supplied gasoline to the site. There were...

New Jersey v. Gloucester Envtl. Management Servs., Inc.

A district court denied New Jersey's motion to amend a 1997 consent decree concerning the Gloucester Environmental Management Services, Inc., landfill and ordered it to comply with the terms of the decree. The state alleged that the...

New Jersey Turnpike Auth. v. PPG Indus., Inc.

The court dismisses a turnpike authority's contribution claims against three chromium ore processors under the Comprehensive Environmental Recovery, Compensation, and Liability Act (CERCLA) and the New Jersey Spill Act for the...

Lacey Mun. Utils. Auth. v. New Jersey Dep't of Envtl. Protection

The court holds that a municipal water utility, which incurred costs through extension of its waterlines into areas with contaminated private wells, may measure the New Jersey Spill Compensation and Control Act's one-year statute of...

White Consol. Indus., Inc. v. Westinghouse Elec. Corp.

The court holds that the buyer of a facility contaminated with trichloroethylene (TCE) assumed responsibility for environmental liabilities in its purchase agreement with the seller. The court first holds that the seller's failure to...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

The court reverses and remands a district court's allocation of insurance coverage costs between an insured and its excess insurers for soil, groundwater, and wetlands contamination at the insured's tank truck terminal. The court first...

In re Eagle-Picher Indus., Inc.

The court holds that a corporation's contingent claims for environmental cleanup costs associated with real property it purchased from a potentially responsible party (PRP) that filed for bankruptcy are claims for reimbursement and...

Voorhees, Township of v. New Jersey Dep't of Envtl. Protection

The court holds that a town may recover under the New Jersey Sanitary Landfill Facility Closure and Contingency Fund Act costs it incurred cleaning up contamination from a closed landfill on property that it bought before passage of the...

Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. Co.

Present BECKER, STAPLETON, MANSMANN, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.

The court holds that under New Jersey law, a chemical transporter is entitled to indemnification from its excess...