Are Suppliers Really “Responsible”?: A Fireside Chat on a Recent Appellate Division Decision Regarding Supplier Liability under New Jersey's Spill Act

Description

This Fireside Chat will explore the potential impact of the New Jersey Appellate Division's recent opinion in Dorrell v. Woodruff Energy, Inc., No. A-3144-17, 2021 WL 922446 (App. Div. Mar. 11, 2021), regarding supplier liability under the New Jersey Spill Compensation and Control Act. Specifically, the Appellate Division reaffirmed the principle that selling/delivering a hazardous substance is not sufficient to trigger responsibility under the Spill Act. However, the decision is noteworthy because the Appellate Division appeared to leave open the possibility that a supplier may be liable under the Spill Act if, during the time it delivers the product, it is aware of a small leak leading to discharges of a hazardous substance over time.

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