Case Update: June 2005


The Legislature recently amended the New Jersey Spill Act to impose a four year statute of limitations for private party actions and a three year statute of limitations for the State. To avoid preclusion of older cases where the statute would otherwise bar suit, the Act now sets a cause of action accrual date of January 1, 2002. As a result, the new statute of limitations will bar private party actions under the Spill Act on older cases after January 1, 2006.


We recommend that you review all older potential Spill Act claims that are not yet in suit. The Spill Act gives a measure of protection to purchasers of polluted commercial property to encourage the purchase and remediation of old industrial sites. It allows these purchasers to bring a private cause of action against another party, such as a prior property owner, an oil company, or other tortfeasor, to recover for damages sustained by the property if you have a viable recovery action against another party it must be filed before January 1, 2006. Feel free to contact Ric Gallin of our environmental coverage team with any questions. [MORE]

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