David J. Singer successfully defends client in the United States District Court for the District of New Jersey securing no contribution liability under CERCLA and the New Jersey Spill Act
June 10, 2010

After a seventeen day bench trial, on June 10, 2010, the Honorable Judge Anne E. Thompson, U.S.D.J., United States District Court for the District of New Jersey, held that contribution claims brought by the United States of America, the United States Department of the Army, United States Department of the Navy, the United States Department of the Air Force and other private parties under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) and the New Jersey Spill Compensation and Control Act (“Spill Act”) did not have any merit and held that the client had no liability under either the Federal or State statutes.

The issue in this case was the presence of trichloroethylene (“TCE”) and other hazardous substances in two groundwater plumes emanating from a site in Somerville, New Jersey.  Over the years the property had been subdivided, and the client is the current owner of one of those subdivided parcels.  Mr. Singer successfully argued that the client did not fall into one of the categories of potentially responsible parties under CERCLA, and that the client did not meet the definition of a discharger under the Spill Act, saving the client from potential damages for contribution for the remediation of the groundwater contamination.

For more information regarding the matter, please contact Mr. Singer at 908-647-1022 or via email at dsinger@heroldlaw.com.