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Tuesday, July 12, 2011

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. EXXON MOBIL CORPORATION A-0314-09T2 05-31-11

05-31-11 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. EXXON MOBIL CORPORATION

A-0314-09T2 In N.J. Dep't of Envtl. Prot. v. Exxon Mobil Corp., 393

N.J. Super. 388 (App. strictly liable under [the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.11z (Spill Act)] for damages for the loss of natural resources adversely affected by its discharge of hazardous substances[.]" Id. at 391. This appeal addresses the issue of whether plaintiff Department of Environmental Protection (DEP) is barred by the statute of limitations, N.J.S.A. 2A:14-1.2, from pursuing a common law strict liability

Div. 2007), we held that "an entity may beclaim against defendant Exxon Mobil seeking to obtain natural resource damages under the Spill Act. We granted leave to appeal and now conclude that N.J.S.A. 58:10B-17.1 (the extension statute) applies to a claim for relief based on common law strict liability.