Spill act
WebThe Spill Act lays out specific defenses that the defendant to a contribution claim may bring in order to avoid paying their share of the cleanup costs. New Jersey court decides impact of previous admissions in leaking UST case. In a recent case, New Jersey’s Appellate Division considered how previous admissions or findings of fact in court ... WebThe department may use monies from the New Jersey Spill Compensation Fund, as authorized pursuant to paragraph (2) of subsection b. of section 9 of P.L.1976, c.141 …
Spill act
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WebNov 11, 2015 · The court reasoned that the Spill Act is not limited to active participants in the discharge of hazardous substances; rather, it imposes strict liability on “any person who has discharged a hazardous substance, or is any way responsible for any hazardous substance.” N.J. Stat. Ann. § 58:10-23.11g(c)(1). Web2 days ago · The Bureau of Ocean Energy Management issues this final rule to adjust the offshore facility limit of liability for damages under the Oil Pollution Act of 1990 (OPA) to reflect the increase in the Consumer Price Index (CPI) since 2016. This rule increases the OPA offshore facility limit of...
WebCERCLA vs. New Jersey's Spill Act By Irvin M. Freilich and Adam C. Arnold Both the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., and New Jersey’s Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., provide a statutory basis for the government and responsible parties to WebDec 2, 2024 · Potentially responsible parties under the Spill Act should be aware that DEP may seek to impose and enforce penalties under the Spill Act in municipal court or …
Webparticular, Ms. Commerford discussed the recent legislation and amendments to Mass Oil Spill Act that effect Buzzards Bay. The purpose of this legislation was to provide … WebJun 29, 2024 · Spill Act Directives - The Spill Compensation and Control Act provides broad authority to the Department to compel responsible parties to conduct remediation. BEI …
WebApr 11, 2024 · April 11, 2024, at 12:32 p.m. Firm Restarting Oil Pipeline Involved in California Spill. FILE - This still image from video taken Oct. 4, 2024, and provided by the U.S. Coast …
WebJun 8, 2007 · Prot. v. Ventron Corp., 94 N.J. 473, 499 (1983), explained that the Spill Act did not alter substantive liability from the common law but established new remedies for activities recognized as tortious under prior statutes and the common law. DEP argued that one of the new remedies under the Spill Act was the State’s right to recover for the ... is coffee good for the liver and kidneysWebShea was strictly liable under the Spill Act. This outcome was predicated on a specific section of the Spill Act, which applied to owners of real property that acquired their interest on or after Sept. 14, 1993. The provision at issue, N.J.S.A. 58:10‐23.11g(d)(2), establishes a … rv lots for sale in breezy point mnWeb(the “Spill Act”) allows a landowner who cleans up and removes a hazardous substance, such as a UST spill, to bring a lawsuit for “contribution” against everyone else who … rv lots for sale in brevard county flWebOct 30, 2016 · October 30, 2016. The right of private parties to seek treble damages under the Spill Act could be expedited or eliminated depending upon the final formulation of … is coffee good for utiWebMar 1, 2015 · Six-year statute of limitations does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). Under the Spill Act, a “discharger” may pursue a contribution claim prior to final resolution of a site remediation plan by the NJDEP. is coffee good for tomato plantsWebSep 23, 2015 · Dimant, 212 N.J. 153 (2012) to find, first, that liability under the Spill Act was joint and several even in private party claims and, second, that a party seeking contribution bears the burden of establishing “some connection between the discharge complained of” and the actions of the alleged contributor. The case involved remediation of ... is coffee good for ulcerative colitisWebto impose Spill Act liability. See NJDEP v. Ventron Corp., 94 N.J. 473 (stating while ownership or control at the time of discharge is sufficient, “[t]he subsequent acqui-sition of land on which hazardous substances have been dumped may be insufficient to hold the owner responsible.”) Since 1993, amend-ments to the Spill Act have clari- rv lots for sale hutchinson island fl