Opinion

Exxon Corp. v. Mack

  • 237 N.J. Super. 16
Court
New Jersey Superior Court Appellate Division
Filed
Nov 28, 1989
Status
Published
Author
Baime
On the bench
Baime, Shebell
Cited by
0 cases

The opinion

BAIME, J.A.D.,

concurring.

I am in complete accord with the views expressed in Part I of Judge Shebell’s thorough opinion. Specifically, I agree that the NJDEP’s draw upon the monies of the Fund does not trigger arbitration proceedings. Although the statutory scheme is not a model of clarity, the clearly expressed legislative design is to confer upon the NJDEP the authority to take immediate corrective action when confronted with potential or ongoing environmental harm. Our construction of the statute is consonant with this legislative goal.

I perceive no need to resolve questions that are not directly before us concerning the appropriate parameters of arbitration under the statutory scheme. I would save for another day issues pertaining to the metes and bounds of the arbitration remedy.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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