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EXXON CORP. v. MACK

237 N.J. Super. 16 (1989)

566 A.2d 828

EXXON CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, AND BP AMERICA, INC., A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFFS-APPELLANTS, v. DAVID C. MACK, ACTING ADMINISTRATOR OF THE NEW JERSEY SPILL COMPENSATION FUND; RICHARD T. DEWLING, COMMISSIONER OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1989.

Attorney(s) appearing for the Case

John J. DeLaney, Jr., argued the cause for appellant BP America, Inc. (Young, Rose & Millspaugh, attorneys; John J. DeLaney and Jack L. Litmer, on the brief).

Mary C. Jacobson, Deputy Attorney General, argued the cause for respondents (Peter N. Perretti, Jr., Attorney General, attorney; Lawrence E. Stanley, Deputy Attorney General, of counsel; Mary C. Jacobson, on the brief).

Before Judges KING, SHEBELL and BAIME.

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

This appeal involves two questions surrounding the interpretation of the arbitration provisions of the Spill Compensation and Control Act (Act), N.J.S.A. 58:10-23.11n(a). The first is whether a draw by the New Jersey Department of Environmental Protection (NJDEP) from the Spill Fund (Fund) constitutes a claim against the Fund, thereby triggering a right to arbitration. The second question is whether...

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