Thank you for sharing!

Your article was successfully shared with the contacts you provided.
tree and money

The Comprehensive Environmental Response, Compensation, and Liability Act—better known as CERCLA—provides potentially responsible parties (PRPs) with causes of action for cost recovery and contribution, which allow PRPs to recover environmental cleanup costs and allocate those costs among other PRPs. When asserting a claim under CERCLA, PRPs will often include causes of action under state law, and in particularly state corollary environmental statutes.

In New Jersey, that statute is the Spill Compensation and Control Act, commonly referred to as the Spill Act, which allows PRPs to seek contribution to recover cleanup costs. While similar in many ways, key differences between CERCLA and the Spill Act can under certain circumstances magnify the importance of a PRP’s Spill Act claims. For example, unlike under CERCLA, claims for contribution by private PRPs under the Spill Act are not subject to a statute of limitations.

Practitioners evaluating such claims must consider New Jersey’s Entire Controversy Doctrine, “an equitable preclusionary doctrine” designed “to encourage comprehensive and conclusive litigation determinations, avoid fragmentation of litigation, and promote party fairness and judicial efficiency.” Pressler & Verniero, Current N.J. Court Rules, comment 1 to R. 4:30A (2020).  Subject to considerations of fairness, that doctrine generally requires that all aspects of the controversy between those who are parties to the litigation be included in a single action. See Dimitrakopoulus v. Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, 237 N.J. 91, 108 (2019) (citing Cogdell v. Hosp. Ctr. at Orange, 116 N.J. 7 (1989)).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

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]

New Jersey Law of Personal Injury with the Model Jury ChargesBook

Analyzes personal injury cases with a full text of model jury charges. Allows reader to evaluate, prosecute, defend try any tort case by focusing on language the jud...

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.