MAGIC PETROLEUM CORP. v. EXXON MOBIL CORP.

A-46 September Term 2012, 069083

95 A.3d 175 (2014)

218 N.J. 390

MAGIC PETROLEUM CORPORATION, Plaintiff-Appellant, v. EXXON MOBIL CORPORATION and Marie Tirico, Defendants-Respondents, and Trenton Oil Company and M.M. Wertheim Corporation, Defendants and Exxon Mobil Corporation, Defendant/Third-Party Plaintiff-Respondent v. Linking Ring Petroleum, Third-Party Defendant.

Supreme Court of New Jersey.

Decided July 28, 2014.


Attorney(s) appearing for the Case

Michael G. Sinkevich, Jr. , argued the cause for appellant (Lieberman & Blecher, attorneys; Stuart J. Lieberman , Princeton, of counsel).

Robert T. Lehman argued the cause for respondent Exxon Mobil Corporation (Archer & Greiner, attorneys; Mr. Lehman , Adam P. Baas , and Sarah A. Gribbin , Haddonfield, on the briefs).

Lance J. Kalik submitted a letter in lieu of brief on behalf of respondent Marie Tirico (Riker Danzig Scherer Hyland & Perretti, Morristown, attorneys).

Martha N. Donovan , Bridgewater, argued the cause for amicus curiae New Jersey Apartment Association (Norris McLaughlin & Marcus, attorneys; Ms. Donovan and Edward A. Hogan , on the brief).

Martha N. Donovan , Bridgewater, submitted a brief on behalf of amicus curiae Ironstate Development Co., Ltd. (Norris McLaughlin & Marcus, attorneys; Ms. Donovan and Edward A. Hogan , on the brief).


Justice FERNANDEZ-VINA delivered the opinion of the Court.

When environmental contamination occurs, the Spill Compensation and Control Act (Spill Act), N.J.S.A. 58:10-23.11 to-23.24, makes all dischargers jointly and severally liable for the entire cost of cleanup. The New Jersey Department of Environmental Protection (DEP or Department) is involved in a spill cleanup either by affirmatively compelling a "discharger" to remediate the site or by managing remediation...

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