New Jersey taxpayers can collectively breathe easier as a result of the state Supreme Court’s March 27 ruling in NL Industries v. State of New Jersey. ___ N.J. ___ (2017), rev’g 442 N.J. Super. 403 (App. Div. 2015). For additional discussion of the lower court decisions that were reversed, see L. Goldshore, “The State’s Spill Act Liability,” 222 N.J.L.J. 943 (Mar. 21, 2016).
NL Industries, confronted with the $79 million cleanup of the Raritan Bay Slag (RBS) site, a National Priority List (NPL) site, looked to share that burden by spreading the liability net to include numerous other parties. To realize that objective, the company filed a Spill Compensation and Control Act (the Spill Act) contribution claim against the state based on actions it took, or failed to take, in the 1960s and early 1970s. N.J.S.A. 58:10-23.11 et seq.
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