New Jersey is the most aggressive jurisdiction in the nation when it comes to commencing natural resource damage (NRD) recovery actions. As a result, a body of case law is taking shape in New Jersey on important, unresolved issues related to the implementation of the state’s NRD program. One such issue was the subject of a July 24, 2009, letter opinion in NJDEP v. ExxonMobil Corporation written by Judge Anzaldi, Presiding Judge of the Civil Division, Superior Court of New Jersey (Docket No. UNN-L-3026-04).
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