On Sept. 26, the New Jersey Supreme Court clarified the standard of proof required in Spill Compensation and Control Act (Spill Act) contribution actions. N.J.S.A. 58:10-23.11, et seq.; New Jersey Department of Environmental Protection v. Dimant, ___ N.J. ___ (2012), 2012 WL 4371759.
The unanimous decision authored by Justice LaVecchia rejected claims for groundwater investigation and remediation costs against the former operator of a dry cleaning establishment. While the Department of Environmental Protection and the Spill Fund Administrator (collectively, the DEP) failed in their efforts, in a case which was grounded on weak facts, the ruling provides the roadmap for future recoveries.
The Setting
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