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GATX TERM. CORP. v. N.J. DEPT. OF ENVIRONMENTAL PROT.

86 N.J. 46 (1981)

429 A.2d 355

GATX TERMINALS CORPORATION, RESPONDENT, v. THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DANIEL J. O'HERN, COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND JOHN J. DEGNAN, ATTORNEY GENERAL, APPELLANTS.

The Supreme Court of New Jersey.

Decided May 4, 1981.

Attorney(s) appearing for the Case

Deborah T. Poritz, Deputy Attorney General, argued the cause for appellants (John J. Degnan, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Charles J. Irwin argued the cause for respondent (Irwin & Post, attorneys; Charles J. Irwin and Robert A. Goodsell, on the brief).

The opinion of the Court was delivered by SULLIVAN, J.

This appeal involves the validity of a portion of the regulations adopted by the Department of Environmental Protection (DEP) under the authority of the Spill Compensation and Control Act (SCCA), N.J.S.A. 58:10-23.11 et seq.

The SCCA provides for State control of the transfer and storage of hazardous substances, establishes no-fault liability for damages due to spills of such substances,...

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