During the New Jersey Supreme Court's 2016-2017 term two significant environmental law cases were decided. One of the rulings limited the state's potential liability pursuant to the Spill Compensation and Control Act. The other enabled policyholders to assign their rights to an environmental claim after an insured loss occurred. N.J.S.A. 58:10-23.11 et seq.

Three additional cases of interest to environmental practitioners are on the court's docket for the 2017-2018 term. The issues to be considered pertain to soil disturbance on preserved farms, the non-disclosure of a partial cleanup to a potential purchaser, and the allocation of risk in the insurance context.

Supreme Court Rulings

• State's Spill Act Liability. The state's taxpayers can collectively breathe easier as a result of the Supreme Court's ruling in NL Industries v. State of New Jersey, which dismissed a Spill Act contribution claim asserted against the state. 228 N.J. 280 (2017), rev'g 442 N.J. Super. 403 (App. Div. 2015). For additional discussion of the lower court rulings that were reversed, see L. Goldshore, “State Dodges Spill Act Bullet,” 223 N.J.L.J. 1155 (Apr. 17, 2017).