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US MASTERS v. NJDEP

A-78 September Term 2017 081137.

216 A.3d 137 (2019)

239 N.J. 145

US MASTERS RESIDENTIAL PROPERTY (USA) FUND, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION — Financial Services Element, Respondent-Respondent.

Supreme Court of New Jersey.

Decided July 29, 2019.

Attorney(s) appearing for the Case

Lawrence S. Lustberg argued the cause for appellant (Gibbons and Ford O'Brien, attorneys; Lawrence S. Lustberg , Anne M. Collart , and Adam C. Ford , on the briefs).

A. Paul Stofa , Deputy Attorney General, argued the cause for respondent ( Gurbir S. Grewal , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel, and A. Paul Stofa , Lauren C. Brick , Deputy Attorney General, and Mark S. Heinzelmann , Deputy Attorney General, on the briefs).

Since 1976, New Jersey and its residents have had the benefit of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.34 ("Spill Act" or "Act"). The Act creates a means by which the State can "provide monies for a swift and sure response to environmental contamination" from the...

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