New Jersey Supreme Court Rules That Six-Year Statute Of Limitations Does Not Apply To Spill Act Claims


Cole Schotz environmental attorney Lawrence E. Bradford posted this to his firm’s environmental blog.

"In a much anticipated decision, the New Jersey Supreme Court ruled today in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property is not applicable to claims made pursuant to the New Jersey Spill Compensation and Control Act (“Spill Act”).

"In reaching this decision, the Court noted that the Spill Act sets forth the only defenses available to contribution defendants and a statute of limitations defense is not included. Further, the Court explained that the New Jersey Legislature could not have intended for an unreferenced statute of limitations to impede the Spill Act’s imposition of contribution liability on responsible parties.
"This case has significant implications. Parties performing remedial activities can proceed with the understanding that there is no time limit to file a contribution action.  In doing so, plaintiffs will encounter less difficulty when attempting to recoup some, or all, of the costs associated with a New Jersey Department of Environmental Protection approved cleanup. A more in-depth analysis will follow."

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Princeton researchers find old gas wells leaking methane

"What surprised me was that every well we measured had some methane coming out," said Professor Michael Celia.
Princeton University researchers have uncovered a previously unknown, and possibly substantial, source of the greenhouse gas methane to the Earth’s atmosphere, writes
John Sullivan in News at Princeton.
"After testing a sample of abandoned oil and natural gas wells in northwestern Pennsylvania, the researchers found that many of the old wells leaked substantial quantities of methane. Because there are so many abandoned wells nationwide (a recent study from Stanford University concluded there were roughly 3 million abandoned wells in the United States)
the researchers believe the overall contribution of leaking wells could be significant.

Alana Miller (left), a Princeton senior majoring in civil and environmental engineering, and Mary Kang, then a doctoral researcher in civil and environmental engineering at Princeton, conduct research that found abandoned oil and gas wells emit methane, a powerful greenhouse gas. Kang, now at Stanford University, is the lead author of a recent journal article describing the findings. (Photo courtesy of Robert Jackson, Stanford University)
 

"The researchers said their findings identify a need to make measurements across a wide variety of regions in Pennsylvania but also in other states with a long history of oil and gas development such as California and Texas.

"The research indicates that this is a source of methane that should not be ignored," said Michael Celia, the Theodore Shelton Pitney Professor of Environmental Studies and professor of civil and environmental engineering at Princeton. "We need to determine how significant it is on a wider basis."
"Methane is the unprocessed form of natural gas. Scientists say that after carbon dioxide, methane is the most important contributor to the greenhouse effect, in which gases in the atmosphere trap heat that would otherwise radiate from the Earth. Pound for pound, methane has about 20 times the heat-trapping effect as carbon dioxide. Methane is produced naturally, by processes including decomposition, and by human activity such as landfills and oil and gas production."

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PA's new governor faces large environmental challenges

PA Gov. Tom Wolf and Chief of Staff Katie McGinty

Pennsylvania’s new governor, Tom Wolf, promised voters he will protect the environment and public health through tighter controls on natural gas drilling. He also said he would provide more money for education and other programs by getting the gas industry to pay more for the privilege of operating in the Keystone State.

Policy Director John Hanger

The moderate Democrat’s plans may not sit well with many in the Republican-controlled legislature who are quite kindly disposed to the companies that introduced fracking to the state.

PADEP Secretary nominee John Quigley
Fractivists protest at Gov. Wolf’s inauguration ceremony

Nor might new regulations and fees satisfy an activist segment of the environmental community that wants Wolf to follow neighboring New York Gov. Andrew Cuomo in banning fracking entirely.


So, who has Gov. Wolf selected to help him with his daunting environmental agenda, and what can he reasonably expect to accomplish in his administration’s early going?

DCNR nominee Cindy Adams Dunn

In the latest episode of our EnviroPolitics Podcast, we review the backgrounds of those he has appointed to key environmental and advisory positions.

We also speak with State Rep. Kate Harper
(R-Montgomery),  with environmental advocacy organization PennFuture’s Director of Outreach
Andrew Smart, and with Cindy Adams Dunn, who was PennFuture’s president at the time. Weeks later, she was selected by Gov. Wolf to lead the  Department of Conservation and Natural Resources.

You’ll find lots of valuable information here. Let us know what you think and consider subscribing to our free podcast on iTunes (Apple) or Stitcher (Android). If you do, you’ll be alerted to all new episodes.

Episode 10: Pa. Gov. Wolf’s new environmental lineup – Interview with Cindy Dunn

Recent Blog Posts: 
Did you miss this good stuff the first time around?
What CARFAX says about Tom Wolf’s trademark Jeep
Pa. Senate panel to take up oil and gas bills tomorrow
Will anti-frackers wreck Gov. Wolf’s inauguration?  
Divestment: A small but growing problem for fossil-fuel  
NJ Senate panel holds off vote on Gov.’s Pinelands pair 

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What CARFAX says about Tom Wolf's trademark Jeep

It’s well equipped, not as worn as portrayed, and he may have driven it illegally

"Tom Wolf loves his 2006 Jeep Wrangler Sport. His daughters say he bought it to fulfill some sort of midlife crisis. At his post-election party, supporters could hop into a photo booth that featured a cardboard cutout of him in the vehicle. "


Billy Penn says it found Wolf’s license plate number and ran a CARFAX report on his beloved car. CARFAX provides information such as accidents, major repairs, registrations and owner changes on a given vehicle.
What did the upstart Philly blog learn from the rating service? Find out here.

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Recent Blog Posts:
Pa. Senate panel to take up oil and gas bills tomorrow
Will anti-frackers wreck Gov. Wolf’s inauguration? 
Divestment: A small but growing problem for fossil-fuel 
NJ Senate panel holds off vote on Gov.’s Pinelands pair 
Range Resources hit with second big fine by PA’s DEP 

What CARFAX says about Tom Wolf's trademark Jeep Read More »