The Appellate Division recently held equitable relief is available under the New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-23.11, et seq., for the investigation of contamination before relative responsibility for remediation is established.
The New Jersey Appellate Court, in Matejek v. Watson (N.J. Super. Ct. App. Div., Mar. 3, 2017), upheld a judgment obligating five condominium owners to participate in and equally share the cost of investigating the cause of contamination without first requiring proof that property owners contributed to the contamination.Continue Reading Appellate Decision Upholds Requiring Contribution for Spill Act Investigations Prior to Adjudicating Ultimate Responsibility