In Leese v. Lockheed Martin Corp., one of the New Jersey’s foremost environmental jurists, the Honorable Jerome B. Simandle, Chief Judge of the United States District Court for the District of New Jersey, authored a comprehensive opinion explaining why several plaintiffs who alleged harm caused by contamination on their properties were without recourse under a number of state and federal environmental laws. In so doing, the Chief Judge highlighted the procedural and evidentiary complexities unique to environmental litigants.
In Leese, plaintiffs claimed that the volatile organic compounds (“VOCs”) trichloroethylene (“TCE”) and perchloroethylene (“PCE”), i.e., hazardous chemicals, migrated onto their residential properties from Defendant Lockheed Martin’s adjacent lot, in violation of the Resource Conservation & Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation & Liability Act (“CERCLA”), the New Jersey Spill Compensation & Control Act (“Spill Act”), and the New Jersey Water Pollution Control Act (“WPCA”). Importantly, plaintiffs’ Spill Act and WPCA claims were brought under the New Jersey Environmental Rights Act (“ERA”), which provides the basis for private actors to bring these – as well as a number of other – environmental enforcement claims. After considering the parties’ respective summary judgment motions, Judge Simandle dismissed each of these claims in turn.