NL INDUSTRIES, INC. v. NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION


936 A.2d 469 (2007)

397 N.J. Super. 127

NL INDUSTRIES, INC., Plaintiff-Respondent v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant-Appellant, and Sayreville Economic and Redevelopment Agency, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 2007.


Attorney(s) appearing for the Case

Joseph C. Fanaroff, Deputy Attorney General, argued the cause for defendant-appellant (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Fanaroff, on the brief).

Gage Andretta, West Orange, argued the cause for intervenor-appellant (Wolff & Samson, attorneys; Mr. Andretta and Thomas Sabino, on the brief).

Christopher R. Gibson, argued the cause for respondent (Archer & Greiner, attorneys, Haddonfield; Mr. Gibson, of counsel; Patrick M. Flynn, Haddonfield, on the brief).

Before Judges WEFING, PARKER and R.B. COLEMAN.


The opinion of the court was delivered by

WEFING, P.J.A.D.

NL Industries, Inc. ("NL") filed a verified complaint seeking a declaratory judgment that N.J.S.A. 58:10B-3.1 did not authorize defendant New Jersey Department of Environmental Protection ("DEP") to remove or replace NL as the party performing certain environmental remediation on property located in Sayreville and previously owned by NL. Sayreville Economic and Redevelopment Authority ("SERA...

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