KENTZ, J.S.C.
The State of New Jersey, Department of Environmental Protection (herein the State), brought an action against Exxon Corporation and ICI America, Inc. (ICI). The State's complaint alleges that defendants violated N.J.S.A. 58:10-23.1 et seq. (sometimes herein, the act) and N.J.S.A. 23:5-28, and further created and/or continued to maintain a public nuisance. Subsequently, the State abandoned its claim under N.J.S.A. 23:5-28....
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