Sovereign Immunity Protects New Jersey From Spill Act Liability

New Jersey's Spill Compensation and Control Act (the Spill Act) turns 40 this year.¹ The defining feature of the Spill Act is its prohibition on any unpermitted discharges of hazardous substances.² Because it imposes strict liability on dischargers and persons in any way responsible for discharges, limits defenses to acts of war, sabotage and acts of God, and includes a private right to seek contribution from other responsible parties, the Spill Act has prompted numerous environmental cleanups. However, after four decades, there are still many contaminated sites in the Garden State awaiting investigation and cleanup. As a result, the Spill Act is increasingly called upon to address regional situations ranging from groundwater pollution impacting entire aquifers to watershed-wide sediment contamination. In recent years, the Spill Act and its federal counterpart, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),³ have been applied to