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STATE v. JERSEY CENTRAL POWER & LIGHT CO.

69 N.J. 102 (1976)

351 A.2d 337

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. JERSEY CENTRAL POWER & LIGHT COMPANY, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 22, 1976.

Attorney(s) appearing for the Case

Mr. Robert O. Brokaw argued the cause for defendant-appellant.

Mr. Lewis Goldshore, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. Robert J. Del Tufo, Acting Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Goldshore on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

The Department of Environment Protection (DEP) initiated this action for penalties and damages against Jersey Central Power & Light Company (Jersey Central), a public utility engaged in the generation and distribution of electricity within the State, because of the deaths of a large number of menhaden fish. The deaths were allegedly caused by the sudden flow of cold water into a stream in connection with...

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