The New Jersey Supreme Court in Morristown Associates vs Grant Oil Co., recently ruled that the general six-year statute of limitations (contained in N.J.S.A. 2A:14-1) does NOT apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11f(a)(2)(a). This ruling significantly impacts those parties that are remediating (or have remediated) their property as a result of contamination caused by prior owners/operators. Similarly, those prior owners/operators who may have caused the contamination, can no longer invoke the statute of limitation defense against such Spill Act claims.
UPDATE- NJ Supreme Court: No statute of limitations on Spill Act claims
Disclaimer: This article provides general information and is not legal advice. Environmental responsibilities depend on the specific facts of each property, ownership history, contamination circumstances, and applicable laws. Property owners, buyers, and businesses should consult qualified environmental professionals and legal counsel regarding their individual situations.
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