25
Mar
2019

Proving Coverage For Natural Resource Damage Claims in NJ

Law360

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PUBLISHED ON: March 25, 2019

The natural resource damage shoe has now dropped in New Jersey. For eight years under the Gov. Chris Christie administration, the New Jersey Department of Environmental Protection did not file a new natural resource damage lawsuit.

That has now rapidly changed — 2018 was an active year for NRD claims in the state. In February, the Appellate Division rejected challenges to the DEP’s $250,000,000 NRD settlement with ExxonMobil. DEP commenced four new NRD actions in 2018 after a decade's hiatus, the most recent in December 2018. Moreover, DEP continued to press its NRD claim with respect to the Passaic River cleanup.

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