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ARTICLE · 20 MARCH 2017

NJ Spill Act May Now Include Right To Compel Enviro Sampling

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New Jersey's Spill Act was a pioneering effort by government to provide monies for a swift and sure response to environmental contamination.

United StatesEnvironment
Edward McTiernan
Edward McTiernan
Kerry Dziubek
Kerry Dziubek
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Originally published by Appellate Law360, Engery Law360, Environmental Law360, Public Policy Law360, and Real Estate Law360

"New Jersey's Spill Act1 was a pioneering effort by government to provide monies for a swift and sure response to environmental contamination."2 To achieve this objective, the Spill Act provides for strict liability and, since 1990, includes a contribution cause of action for private parties seeking to recover a portion of their cleanup costs.3 "In order to accomplish a fair and equitable ultimate sharing of the remediation burden among all responsible parties and thereby to promote contamination cleanup, [the Spill Act] casts a broad net encompassing 'all other dischargers and persons in any way responsible for a discharged hazardous substance ...'"4

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