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SUPERIOR AIR PROD. CO. v. NL INDUSTRIES, INC.

216 N.J. Super. 46 (1987)

522 A.2d 1025

SUPERIOR AIR PRODUCTS CO., PLAINTIFF-RESPONDENT, v. NL INDUSTRIES, INC., STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-APPELLANTS. (TWO CASES)

Superior Court of New Jersey, Appellate Division.

Decided March 17, 1987.

Attorney(s) appearing for the Case

Francine Schott, Deputy Attorney General, argued the cause on behalf of the Department of Environmental Protection (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Francine Schott, on the brief).

Steven A. Tasher argued the cause on behalf of NL Industries, Inc. (Donovan, Leisure, Newton & Irvine, attorneys; Janet D. Smith, of counsel; Steven A. Tasher, on the brief).

Robert D. Chesler argued the cause on behalf of Superior Air Products, Inc. (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Michael L. Rodburg, Carol A. Surgens and Robert D. Chesler, on the brief).

Before Judges FURMAN, SHEBELL and STERN.

The opinion of the court was delivered by STERN, J.A.D.

Defendant, NL Industries, Inc. (NL), sold land contaminated with toluene and other hazardous waste to plaintiff, Superior Air Products Co. (Superior). Plaintiff learned of the contamination upon its later attempt to resell the property.1 Under the provisions of the Environmental Cleanup Responsibility Act (ECRA), N.J.S.A. 13...

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