• New Jersey Appellate Court Deals Blow to NJDEP’s Natural Resources Damage Calculation Methodology
  • March 26, 2012 | Author: Cristina Stummer
  • Law Firm: Saul Ewing LLP - Princeton Office
  • In the matter NJDEP v. Essex Chemical Corporation, the NJDEP sought both restoration and compensatory NRD, pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (the “Spill Act”). The NJDEP’s NRD claims against Essex arose from the discharge of hazardous substances on property that Essex previously owned, and was remediating with the oversight of the NJDEP. The trial court previously dismissed both of the NJDEP’s NRD claims. In a March 20, 2012 decision (http://info.saulnews.com/reaction/documents/NJEPA-032312.pdf), the Appellate Division upheld the trial court’s decision.