For those attorneys who practice in the area of environmental law, an anxiously awaited appellate opinion was recently released. On June 6, the New Jersey Appellate Division, in the case of N.J. Department of Environmental Protection v. Exxon-Mobil, 393 N.J. Super. 388 (App. Div. 2007), concluded that New Jersey’s Spill Compensation and Control Act provided for a strict liability cause of action to recover not only for natural resource damages, but also for the loss of use of natural resources due to hazardous substance discharge.

The attention of both environmental and business-oriented attorneys was drawn to the case, as evidenced by the significant number of amicus curiae briefs submitted in this significant stakes matter of first impression in New Jersey.