Magic Petroleum Corporation v. Exxon Mobil Corporation (069083)
218 N.J. 390
| N.J. | 2014Background
- Spill Act private contribution rights allow dischargers to sue other responsible parties for their share of cleanup costs.
- DEP remediation on Magic’s Lot 19.01 proceeded despite Magic’s assertion of others’ responsibility.
- Magic filed a Spill Act contribution claim against ExxonMobil on August 12, 2003; DEP proceedings continued concurrently.
- Trial court dismissed the contribution action under the doctrine of primary jurisdiction; appellate panel affirmed.
- Court granted certification to determine whether private plaintiffs may seek contribution before DEP final remediation and whether written DEP plan approval is required pre-filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is primary jurisdiction applicable to Spill Act contribution claims? | Magic argues no; court may allocate liability without DEP completion. | ExxonMobil argues yes; DEP must conclude remediation before liability allocation. | Primary jurisdiction not applicable; concurrent jurisdiction permits court allocation before final DEP.remediation. |
| Is written DEP approval required before filing a contribution claim? | Magic contends no written approval needed to pursue contribution. | ExxonMobil asserts DEP approval is prerequisite to claiming cleanup costs. | Written approval not required prior to filing a contribution claim. |
| Can the court allocate liability before DEP finalizes remediation costs? | Magic urges court-based allocation independent of DEP’s final plan. | ExxonMobil contends DEP findings are needed to determine extent and costs. | Court may allocate liability before final DEP remediation plan and costs are settled. |
Key Cases Cited
- Marsh v. N.J. Dep’t. of Envtl. Prot., 152 N.J. 137 (1997) ( Spill Act liberal construction and ambiente-wide authority)
- Campione v. Adamar, Inc., 155 N.J. 245 (1998) (primary jurisdiction balancing common-law claims with agency facts)
- Boss v. Rockland Elec. Co., 95 N.J. 33 (1983) (administrative agency deference when facts require agency findings)
- Daaleman v. Elizabethtown Gas Co., 77 N.J. 267 (1978) (principles of primary jurisdiction and agency expertise)
- Lenox Inc. v. Reuben Smith Rubbish Removal, 91 F. Supp. 2d 743 (D.N.J. 2000) (Gore factors and equitable allocation guidance)