The State of New Jersey has reached a $9.5 million proposed settlement with ExxonMobil to resolve a Natural Resource Damages (NRD) lawsuit brought against the company by Kanner & Whiteley as Special Counsel to the State and its Department of Environmental Protection. The lawsuit, filed in March 2019, centered on the disposal of hazardous substances that took place at what is now ExxonMobil’s 12-acre-plus Lail property in East Greenwich Township and Paulsboro. Despite remedial activity at the site over the years, inspections and testing found that PCBs dumped at the site remained on and around the property, including in groundwater, soil, wetlands, sediment, and other sensitive ecological resources. The Complaint alleged violations by ExxonMobil of New Jersey’s Spill Compensation and Control Act, the State’s Water Pollution Control Act, and the common law. The settlement does not alter ExxonMobil’s ongoing remedial obligations at the site.
This proposed settlement is subject to public notice and court approval. A copy of the Press Release with the Attorney General’s announcement of the proposed settlement can be found here and a copy of the proposed consent judgment can be found here.