New Jersey Panel Reinstates Strict Liability Claim Against Former Refinery Owner

(April 9, 2020, 11:08 AM EDT) -- JERSEY CITY, N.J. — A two-judge New Jersey appeals court panel on April 7 reversed a trial court judge’s ruling finding that the New Jersey Department of Environmental Protection (DEP), its commissioner and the administrator of the New Jersey Spill Compensation Fund could not pursue a claim for strict liability against the former owner of a refinery site, holding that the cause of action was not subsumed by the state’s Spill Compensation and Control Act (Spill Act) and that the company’s operations constituted an abnormally dangerous activity  (New Jersey Department of Environmental Protection, et al. v. Hess Corp., et al., No. A-2893-18T2, N.J. Super., App. Div., 2020 N.J. Super. Unpub. LEXIS 622)....

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