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DEP v. EXXON MOBIL CORP.

No. A-0314-09T2.

22 A.3d 1 (2011)

420 N.J. Super. 395

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Appellant, v. EXXON MOBIL CORPORATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 2011.

Attorney(s) appearing for the Case

Richard F. Engel , Deputy Attorney General, argued the cause for appellant ( Paula T. Dow , Attorney General, attorney; Mr. Engel , Allan Kanner (Kanner & Whiteley), Rebecca J. Davis (Kanner & Whiteley), and Elizabeth B. Petersen (Kanner & Whiteley) of the Louisiana bar, admitted pro hac vice, of counsel and on the brief).

Theodore V. Wells, Jr. (Paul, Weiss, Rifkind, Wharton & Garrison) argued the cause for respondent (Archer & Greiner, P.C., and Mr. Wells , attorneys; Marc A. Rollo , Steven J. Fram , Haddonfield, Arthur H. Jones, Jr. , Daniel J. Toal (Paul, Weiss, Rifkind, Wharton & Garrison) of the New York bar, admitted pro hac vice, and Alice A. Brown (Exxon Mobil Corporation) of the Texas bar, admitted pro hac vice, on the brief).

Before Judges CARCHMAN, GRAVES and WAUGH.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

This appeal addresses the issue of whether plaintiff Department of Environmental Protection (DEP) is barred by the statute of limitations, N.J.S.A. 2A:14-1.2, from pursuing a common law strict liability claim against defendant Exxon Mobil1 seeking to obtain natural resource damages under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23...

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