NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Administrator, New Jersey Spill Compensation Fund, Plaintiffs-Appellants,
v.
EXXON MOBIL CORPORATION, Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 25, 2007.
Decided June 6, 2007.
Attorney(s) appearing for the Case
Allan Kanner, New Orleans, LA, argued the cause for appellants (Stuart Rabner, Attorney General of New Jersey, Mr. Kanner and Elizabeth B. Petersen (Kanner & Whiteley), Special Counsel to the Attorney General, of the Louisiana bar, admitted pro hac vice, and Nagel Rice, Special Counsel to the Attorney General, attorneys; Richard F. Engel, Deputy Attorney General; Wayne Greenstone, Mr. Kanner and Ms. Petersen, and Bruce H. Nagel, of counsel and on the brief).
Theodore V. Wells, Jr., New York City, argued the cause for respondent (Archer & Greiner, and John F. Daum, Sharon Tomkins, and Matthew Kline (O'Melveny & Myers) of the California bar, admitted pro hac vice, Mr. Wells and Gaines Gwathmey (Paul, Weiss, Rifkind, Wharton & Garrison) of the New York bar, admitted pro hac vice, and Alice A. Brown of the Texas bar, admitted pro hac vice, attorneys; Ms. Brown, of counsel; Steven J. Fram, Marc A. Rollo, Mr. Daum, Ms. Tomkins, Mr. Kline, Mr. Wells and Mr. Gwathmey, on the brief).
McCarter & English, Newark, attorneys for amicus curiae New Jersey Chamber of Commerce (Keith E. Lynott, Ira M. Gottlieb, Lanny S. Kurzweil, and Cynthia M. Stencel, on the brief).
Before Judges LEFELT, PARRILLO and SAPP-PETERSON.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
PARRILLO, J.A.D.
At issue is whether an entity may be strictly liable under the New Jersey Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to -23.24, for damages for the loss of use of natural resources adversely affected by its discharge of hazardous substances, a question of first impression in this State. On leave granted, the New Jersey Department of Environmental Protection (DEP) and...
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