Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
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  • Tue January 21, 2014, 3:51 pm
    Site Remediation Extension of Time Bill Gives 2 Additional Years for Completion of Remedial Investigation of Contaminated Sites Two Year of Extension of May 7, 2014 Deadline For Completion of Remedial Investigation of Contaminated Sites For thos...
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  • Mon November 4, 2013, 7:14 pm
    Compensation For Loss of Ocean Views Due to Protective Dunes Upheld Compensation For Loss of Ocean Views Due to Protective Dunes Upheld, Although Protective Benefit of Dunes Must Be Includ...
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  • Sun September 29, 2013, 4:12 pm
    NJ Supreme Court Rejects COAH’s Third Round Regulations New Jersey Supreme Court Rejects COAH’s Third Round Regulations On Thursday, the New Jersey Supreme Court, by a 3...
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  • Thu May 23, 2013, 10:28 am
    De Facto Merger of LP Into LLC Does Not Preclude Transfer of Prior Entity’s Rights May 23 2013 -In I/M/O Hazardous Discharge Site Remediation Fund Innocent Party Grant Application Cliflake Associates LLC...
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  • Tue April 30, 2013, 8:02 pm
    NJ State's Energy Master Plan For Solar Incentives for Dumps and Brownfields - Slow Going According to an article on NJ Spotlight - The state’s Energy Master Plan wants to convert garbage dumps and brownf...
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  • Mon March 25, 2013, 7:14 pm
    Hydraulic Fracturing Update New York Home Rule Power To Curb Fracking Upheld In Lenape v. Town of Avon et al., case number 1060-2012, in New York...
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  • Sun March 24, 2013, 11:39 am
    Creation of Hydraulic Fracturing Performance Standards Shell, Chevron, the Environmental Defense Fund, the Clean Air Task Force, Consol Energy, the EQT Corporation, the Group ...
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  • Tue March 5, 2013, 7:42 pm
    Zoning Protections Lost For Hurricane Sandy Damaged Structures Deemed “Totally” Destroyed The Appellate Division yesterday made it more difficult for property owners trying to rebuild after Hurricane Sandy. The...
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  • Fri March 1, 2013, 2:17 pm
    NJ Court Holds That Age Restricted Development May Be Marketed With No Age Restriction March 1 2013 - The Court, in Sharbell Building Company, LLC v. Planning Board of The Township of Robbinsville, held that...
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  • Tue February 5, 2013, 8:15 pm
    NJ Supreme Court Clarifies Requisite Nexus For Liability Under the Spill Act February 5 2013 - In NJ Department. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme C...
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NJ Supreme Court Holds that Spill Act Recovery Requires Nexus Between Pollution and PRP

New Jersey Supreme Court Holds that Spill Act Recovery Requires Nexus Between Pollution and Potentially Responsible Party 
 
On September 26, 2012 the New Jersey Supreme Court rejected an attempt by the New Jersey Department of Environmental Protection (DEP) to seek damages from an alleged discharger under the New Jersey Spill Compensation and Control Act (Spill Act) without first establishing the necessary connection, or nexus, between the alleged discharge and the contamination at the specifically damaged site. The ruling, in Department of Environmental Protection v. Dimant, A-2-11, upheld the lower court findings that there existed insufficient evidence that a Bound Brook laundromat caused groundwater pollution in residential wells for which it was being sued for investigative and cleanup costs by the NJDEP.   The defendant operated near the contaminated wells and had used PCE for 15 months, between 1987 and 1989. During a site inspection, the DEP noted an external pipe at the dry cleaner's premises which they observed to be dripping a liquid containing high levels of PCE onto the pavement. The NJDEP argued that this discharge was sufficient to connect the dry cleaner to the PCE-contaminated groundwater in the nearby wells. The Court rejected this argument. The unanimous court said that in order to obtain damages, authorized costs and other similar relief under the Spill Compensation and Control Act, "there must be shown a reasonable link between the discharge, the putative discharger, and the contamination at the specifically damaged site." The Court concluded that the NJDEP had not met its burden of proof and held that a real, not hypothetical, nexus must be shown to exist between the discharge of hazardous substances and the actual contamination at the specifically damaged site.
 
This case will assist those parties facing alleged Spill Act liability for which there is no demonstrated connection between an alleged discharge and the contamination at issue.
 
The Law Office of Christopher D. Hopkins, LLC. can assist clients with Spill Act liability and other environmental issues. Please see contact information below.  

 About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC
1812 Front Street
Scotch Plains, NJ 07076
TEL: 908.322.6121
FAX: 908.322.5701
Email:
chris@chopkinslaw.com

Website http://www.chopkinslaw.com

 



Law Office of Christopher D. Hopkins
The Law Office of Christopher D. Hopkins, LLC 1812 Front Street, Scotch Plains, NJ 07076 || 908.322.6121