The recent split decision of the Supreme Court of New Jersey in US Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection, (A-78-17)(081137), 2019 WL 3402917; ___ N.J. ___ (2019), contains lessons for all New Jersey practitioners, especially environmental specialists. In a 4-3 decision, the court reversed and remanded for further arbitration the judgment of the Appellate Division, which had affirmed the rejection by the DEP (or the “Department”) and an arbitrator of a property owner’s claim for reimbursement from the New Jersey Spill Fund for damages sustained allegedly as a result of the inundation of contaminated flood waters during Superstorm Sandy.

The various decisions were described by Lewis Goldshore in an article that appeared in the August 15 edition of the New Jersey Law Journal. In this article, the author hopes to add some additional thoughts for consideration.

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