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New Jersey Department of Environmental Protection v. Ventron Corp.
New Jersey Supreme Court
468 A.2d 150 (1983)
Veliscol Chemical Corporation (Veliscol) (defendant) operated a mercury-processing site at Berry’s Creek. Berry’s Creek was a tidal estuary of the Hackensack River in New Jersey. Berry’s Creek became contaminated with approximately 268 tons of toxic waste over a 50-year period. New Jersey’s Department of Environmental Protection sued Veliscol, its subsidiaries, and others, alleging that Veliscol violated the Spill Compensation and Control Act (Spill Act). The trial court held that the Spill Act did not apply to the contamination at Berry’s Creek, because the contamination predated the Spill Act. The district court also held certain of the defendants jointly liable, and others severally liable. The defendants appealed. The appeals court found that the defendants were jointly and severally liable for the costs of cleaning up the site. Additionally, the appeals court held that the Spill Act applied retroactively. The defendants appealed.
Rule of Law
Holding and Reasoning (Pollock, J.)
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