The Appellate Division recently held equitable relief is available under the New Jersey Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-23.11, et seq., for the investigation of contamination before relative responsibility for remediation is established.
The New Jersey Appellate Court, in Matejek v. Watson (N.J. Super. Ct. App. Div., Mar. 3, 2017), upheld a judgment obligating five condominium owners to participate in and equally share the cost of investigating the cause of contamination without first requiring proof that property owners contributed to the contamination.