New Jersey Supreme Court Declares Spill Act Is Not Retroactive for the State’s Own Liability
March 30, 2017
Diana A. Silva
MGKF Litigation Blog
Earlier this week, the New Jersey Supreme Court ruled that Spill Act contribution claims against the State of New Jersey for events prior to April 1, 1977 – the date the statute was enacted – are barred by the doctrine of sovereign immunity. This ruling places the State on an unequal footing with private parties for historic environmental liability under the Spill Act, and in effect, creates an automatic orphan share for pre-1977 sites where the State would otherwise have liability.