Litgo NJ, Inc. v. Comm’r NJ Dep’t Envtl. Prot.

Ownership of the Somerville property has changed many times. It has been used for manufacturing, for machining military parts during World War II, and as warehouses for commercial and industrial tenants, including JANR. The soil and the groundwater became contaminated, likely beginning in the 1940s, when a degreasing agent was dumped on the ground. Contamination worsened after 1983 when improper storage of hazardous waste in the JANR warehouse resulted in spills and leaks. Remedial actions may have contributed to the contamination. The current owner acquired the site in the 1980s. After several earlier suits concerning the contamination, the owner sued a former owner and the United States under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601, the New Jersey Spill Compensation and Control Act, the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6972, and the New Jersey Sanitary Landfill Facility Closure Act and Contingency Fund. The district court entered summary judgment rejecting the RCRA claim, held a trial, and determined that the owner, the prior owners, and the United States were each liable for costs of remediation under CERCLA and the Spill Act and allocated percentages. The Third Circuit vacated with respect to award of prejudgment interest and the RCRA claim against the former owners, but otherwise affirmed.

Litgo NJ, Inc. v. Comm’r NJ Dep’t Envtl. Prot.