New Jersey Supreme Court’s ruling in Magic Petroleum Corp. v. Exxon Mobil Corp.

In July, the New Jersey Supreme Court removed a potential roadblock to the cleanup of contaminated sites when it ruled that parties don’t have to wait on state enforcement efforts before suing for contribution under the New Jersey Spill Compensation and Control Act.

The opinion is one of the most important in recent history concerning the Spill Act, according to Ira M. Gottlieb, who heads McCarter & English LLP’s environment and energy practice group.

“Given the large sums of money that can be at stake, and the long periods of time involved in cleanup and removal actions, the court’s decision is a landmark holding that parties can proceed with contribution claims before a cleanup is completed,” Gottlieb said.

“The opinion provides certainty in multiparty cleanup sites that allocation of liability can go forward, either privately or before a court, before final cleanup plans are approved,” he added. “This may pave the way towards faster settlement of cost claims and perhaps quicker cleanups.”