During the New Jersey Supreme Court’s 2016-2017 term two significant environmental law cases were decided. One of the rulings limited the state’s potential liability pursuant to the Spill Compensation and Control Act. The other enabled policyholders to assign their rights to an environmental claim after an insured loss occurred. N.J.S.A. 58:10-23.11 et seq.
Three additional cases of interest to environmental practitioners are on the court’s docket for the 2017-2018 term. The issues to be considered pertain to soil disturbance on preserved farms, the non-disclosure of a partial cleanup to a potential purchaser, and the allocation of risk in the insurance context.
Supreme Court Rulings
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