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Sunday, October 14, 2012

New Jersey Department of Environmental Protection v. Ofra Dimant (A-2-11


New Jersey Department of Environmental Protection v.
          Ofra Dimant (A-2-11; 067993)
          To obtain damages under the Spill Act, the DEP must
          demonstrate, by a preponderance of the evidence, a
          reasonable connection between the discharge, the
          discharger, and the contamination at the damaged site.
          The proofs failed to establish a sufficient nexus
          between the groundwater contamination and Sue’s
          discharge during its operation. 
9-26-12