NJ Legislature Fails to Pass Legislation Insulating Local Public Entities from Spill Act Claims, but the Efforts May Continue in 2016

January 25, 2016
John F. Gullace, Esq.
MGKF Special Alert - Forecast 2016

In the last legislative session, the New Jersey Senate and Assembly both passed bills that would have insulated local public entities from Spill Act claims for cleanup and removal costs brought by private parties, but the bills were not identical at the conclusion of the session and therefore did not go to the Governor.  Similar legislative efforts to protect local public entities from Spill Act liability have failed in the past and the fate of any such legislation if sent to the Governor is uncertain.  The Assembly has already reintroduced its version of the bill in the current session of the legislature and the progress of this legislation should be watched closely by anyone who might have a Spill Act claim against a municipal entity now, or in the future, including claims related to contaminated waterways.