New Jersey Department of Environmental Protection v. Dimant, A-2 September Term 2011; Supreme Court; opinion by LaVecchia, J.; decided September 26, 2012. On certification to the Appellate Division, 418 N.J. Super. 530 (2011) D.D.S. No. 17-1-7777 [45 pp.]
In this appeal, the Court considers the nature of the nexus that must be proven in an action by the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (collectively the DEP) under the Spill Compensation and Control Act against Sue’s Clothes Hanger, the only direct defendant remaining in the case, for costs expended in the investigation and remediation of contaminated groundwater that tainted private wells in Bound Brook. Well samples revealed groundwater contaminated with perchloroethylene (PCE), a compound used in the dry cleaning industry.
