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NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. EXXON MOBIL CORPORATION

No. A-0316-09T2.

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, 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.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

By leave granted, the Department of Environmental Protection (DEP) appeals from a July 23, 2009 order of the Law Division denying its application for an award of natural resource damages (NRD) against defendant Exxon Mobil1 (Exxon Mobil) under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.11z (Spill Act...

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