• New Jersey Supreme Court Finds No Retroactive Liability for State Under the New Jersey Spill Act
  • April 26, 2017 | Author: Daniel Flynn
  • Law Firm: Greenbaum, Rowe, Smith & Davis LLP - Woodbridge Office
  • The New Jersey Supreme Court’s most recent encounter with New Jersey’s Spill Compensation and Control Act (Spill Act), NL Industries, Inc. v. New Jersey, involved the State of New Jersey’s potential liability for contamination of state-owned property that occurred prior to the 1976 enactment of the Spill Act. Being compelled to undertake an expensive remediation of State property, NL Industries sought to compel the State to contribute its fair share of the cleanup costs. The New Jersey Supreme Court, however, ruled on March 27, 2017 that the New Jersey Legislature had not waived the State’s sovereign immunity with respect to contamination occurring prior to enactment of the Spill Act, thereby ending NL Industries’ quest to compel the State to contribute.