Last year, the Legislature amended the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., to provide an innocent-purchaser defense to persons who purchased contaminated property prior to Sept. 14, 1993. Although the amendment provides criteria necessary to be met to establish the defense, it leaves open-ended the level of due diligence and inquiry necessary to have been performed by a past purchaser.
For those persons who clean up and remove a discharge of a hazardous substance, the Spill Act provides, in addition to any common-law claims a person may have against other parties that may have contaminated or been responsible for the contamination of property, a private right of action for contribution in favor of those persons who clean up or remove a discharge of a hazardous substance, and against dischargers and persons who are in any way responsible for the discharge of a hazardous substance.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]