Recent Appellate Division Decision Expands Private Party Remedies Under New Jersey Spill Act and Demonstrates Condominium Owners’ Potential for Environmental Liability

The New Jersey Appellate Division’s recent decision in Matejek v. Watson was notable in two respects. First, it provides a private party an order compelling another party to participate in an environmental investigation without proving liability, something not previously allowed under New Jersey’s Spill Compensation and Control Act (Spill Act) or its federal counterpart, the Comprehensive Environmental Response, Cleanup and Liability Act (CERCLA). From a plaintiff’s perspective, this gives the Spill Act a significant advantage over CERCLA and could spawn an increase in Spill Act litigation. Second, the decision introduced condominium owners to the wonderful world of environmental liability under the Spill Act.     Read the article…………….


Related Articles

California Supreme Court To Review Unpublished Tract 19051 HOA v. Kemp Decision

Issue Is Whether Prevailing Homeowner Entitled To Civil Code Section 1354 Fees When HOA Found Not To Be A CID. Read

Appalachian Highlands Ventures alleged to owe fees to condo owners association (WV)

The plaintiffs allege the defendants have failed to make payments for all dues and assessments properly levied against their properties.

Firm Wins Appeal Before Third DCA in Dispute Between Developer, Condo Association Over Ownership of Parking, Storage Spaces

In December, firm partners Helio De La Torre and Laura M. Manning-Hudson, together with of-counsel attorney H. Hugh McConnell, prevailed