Recently, the New Jersey Appellate Division clarified the relationship between claims arising under the New Jersey Spill Compensation and Control Act and common law claims, as well as the scope of common law claims available to the state of New Jersey, in environmental contamination actions.
In New Jersey Department of Environmental Protection v. Hess Corp., No. A-2893-18T2, 2020 N.J. Super. Unpub. LEXIS 622, the state, acting through the Department of Environmental Protection, filed a complaint seeking damages, injunctive relief and declaratory relief under the Spill Act, along with common law claims sounding in public nuisance, trespass and strict liability. These claims arose out of the environmental contamination of property formerly operated as an oil refinery and terminal.
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