Tagged: Damages

N.J. Appellate Court Extends Time Limit for Bringing Strict-Liability Claim for Natural Resource Damages

Thanks to a special “extension statute” enacted in 2001, the statute of limitations that requires the State of New Jersey to commence a civil action within ten years of its accrual does not apply to an action for natural resource damages (NRDs) that is brought “pursuant to the State’s environmental laws.” The Appellate Division recently held that the Legislature intended “the State’s environmental laws” to include the common law — or at least the common law of strict liability — and revived a claim that otherwise would have been time-barred.

In Rare Application of Waiver Doctrine, Federal Court Holds That New Jersey Gave Up Right to Seek Natural Resource Damages at Contaminated Site

It is difficult for a defendant to avoid a claim by invoking the doctrine of waiver, which requires proof of a clear, unequivocal act showing that the plaintiff deliberately intended to relinquish a known legal right. It is doubly difficult when the plaintiff is the State of New Jersey, against which the application of the doctrine is, in the words of a leading Supreme Court case, to be “most strictly limited.”