# Exxon Corp. v. Mack

> New Jersey Superior Court Appellate Division · November 28, 1989 · 237 N.J. Super. 16

URL: https://www.frixlaw.com/law-library/cases/7320268

## Case

- **Full name:** EXXON CORPORATION,1 a CORPORATION OF THE STATE OF NEW JERSEY, AND BP AMERICA, INC., A CORPORATION OF THE STATE OF DELAWARE v. DAVID C. MACK, ACTING ADMINISTRATOR OF THE NEW JERSEY SPILL COMPENSATION FUND RICHARD T. DEWLING, COMMISSIONER OF NEW JERSEY, DEPARTMENT OF
- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** November 28, 1989
- **Citations:** 237 N.J. Super. 16
- **Precedential status:** Published
- **Opinion:** Concurrence by Baime
- **Judges:** Baime, Shebell
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7320268

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7320268. Public record. Not legal advice.