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…………….