Judge Says DEP Cannot Waive Natural Resource Damages Claims And Later Seek Damages Pursuant To Spill Act

September 30, 2010 – In The News
New Jersey Journal of Environmental Litigation

U.S. Judge Dennis M. Cavanaugh of the District of New Jersey held on Sept. 29 that the Department of Environmental Protection cannot waive claims for natural resource damages (NRD) and afterward seek such damages pursuant to the New Jersey Spill Compensation and Control Act regarding water contamination from the Higgins Disposal Site in Somerset County. (See issue of Feb.15, 2010 Pages 6 and 26.)

Counsel for FMC Corp:

  • Kenneth H. Mack, Fox Rothschild
  • Linda Mack, Fox Rothschild
  • David Restaino, Fox Rothschild

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