Drinker Biddle & Reath v. New Jersey Department of Environmental Protection, L-63-09; Law Division, Mercer County; opinion by Innes, P.J.Ch.; decided December 18, 2012; approved for publication May 14, 2013. On remand from the Appellate Division, 421 N.J. Super. 489 (App. Div. 2011). [Sat above: Judges Cuff, Simonelli and Fasciale in the Appellate Division.] DDS No. 17-3-9949 [8 pp.]
Private counsel representing the Department of Environmental Protection in litigation filed by the DEP against ExxonMobil Corp. took depositions of three of Exxon’s experts. Drinker Biddle & Reath requested a copy of the transcripts of the depositions, which have not been filed with the court. The Department of Law and Public Safety, Division of Law denied Drinker’s request on the ground that the unfiled discovery is exempt from public disclosure pursuant to N.J.S.A. 47:1A-9b.
