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Vol. 3 No. 166 Decisions Released Sept. 1, 1995 STATE COURT CASES ENVIRONMENTAL LAW 17-2-6468 Joseph Leanza et al. v. Exxon Co., USA et al., App. Div. (26 pp.) In suit by owner of gasoline station to apportion responsibility for remediation costs under the Spill Act, case is remanded for jury determination of whether Exxon owns underground lines and piping that connect underground storage tanks to dispensing equipment and, if so, for consideration of Exxon’s liability for contribution. FEDERAL COURT CASES GOVERNMENT 21-7-6469 Ruth Watson et al. v. Christine Todd Whitman et al., Dist. Ct. (16 pp.) Congress did not, in enacting the Developmental Disabilities and Bill of Rights Act, 42 U.S.C. 6000 et seq., intend to create a direct private right of action in federal court to challenge a state’s redesignation of the protection and advocacy system, and since plaintiff (an organization that sought unsuccessfully to be designated as New Jersey’s privatized administrator) does not fall within the class of persons intended to be benefited, no implied right of action exists. END

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