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The recent split decision of the Supreme Court of New Jersey in US Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection, (A-78-17)(081137), 2019 WL 3402917; ___ N.J. ___ (2019), contains lessons for all New Jersey practitioners, especially environmental specialists. In a 4-3 decision, the court reversed and remanded for further arbitration the judgment of the Appellate Division, which had affirmed the rejection by the DEP (or the “Department”) and an arbitrator of a property owner’s claim for reimbursement from the New Jersey Spill Fund for damages sustained allegedly as a result of the inundation of contaminated flood waters during Superstorm Sandy.

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