Kanner & Whiteley has filed suit on behalf of the State of New Jersey against Hess Corporation and Buckeye Partners seeking to have the State, as the trustee of natural resources, compensated for the lost use and value of resources injured as a result of the discharges from the former Hess refinery in the Port Reading section of Woodbridge, New Jersey. The firm acts as Special Counsel to the New Jersey Department of Environmental Protection along with the Attorney General’s Division of Law. The case against Hess is one of 6 environmental actions that have been filed today by the State of New Jersey.
The refinery, located on the banks of the Arthur Kill, began operations in 1958, and was acquired by Buckeye Partners in 2013. The facility remains operational, and is used for both the storage as well as processing of crude oil and refined petroleum products. Over the years there have been numerous spills and leaks at the refinery that have caused injuries to surrounding natural resources, including groundwater, wetlands and surface water. The lawsuit alleges violations of the Spill Compensation and Control Act (“Spill Act”), N.J.S.A. 58:10-23.11 to -23.24; the Water Pollution Control Act (“WPCA”), N.J.S.A. 58:10A-1 to -20, and the common law related to these discharges and the resulting damages.
The case is Department of Environmental Protection vs. Hess Corporation, f/k/a Amerada Hess Corporation & Buckeye Partners, L.P., Superior Court, Middlesex County No. MID L-004579-18. The Complaint can be accessed here.