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MATTER OF KIMBER PETROLEUM CORP.

110 N.J. 69 (1988)

539 A.2d 1181

IN THE MATTER OF THE DIRECTIVE OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ISSUED TO KIMBER PETROLEUM CORPORATION, SHELL OIL COMPANY AND SOLAR OIL COMPANY.

The Supreme Court of New Jersey.

Decided April 18, 1988.

Attorney(s) appearing for the Case

Edwin R. Matthews and Edward J. Farrell argued the cause for appellants, Kimber Petroleum and Solar Oil Company (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys for Kimber Petroleum Corporation, and Farrell, Curtis, Carlin & Davidson, attorneys for Solar Oil Company; Edwin R. Matthews, Edward J. Farrell, John D. O'Dwyer and Nancy Giacumbo, on the briefs).

Ross A. Lewin, Deputy Attorney General, argued the cause for respondent, Department of Environmental Protection (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, and Michael R. Clancy, Deputy Attorney General, of counsel; Ross A. Lewin and John A. Covino, Deputy Attorneys General, on the briefs).

James W. Christie submitted a brief on behalf of amicus curiae, Township of Gloucester (Griffith, Burr, Angelini & Viniar, attorneys).

William H. Hyatt, Jr. and William J. Friedman submitted a brief on behalf of amici curiae, Woodland Study Group, Minnesota Mining and Manufacturing Company and Rohm and Haas Company (Pitney, Hardin, Kipp & Szuch, attorneys).

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

In 1984, the Department of Environmental Protection (DEP) investigated the source of a serious groundwater contamination in the Township of West Milford. The contamination was traced to an Amoco gasoline station leased by Kimber Petroleum Corporation and a Chevron gasoline station owned by Solar Oil Sussex at the time of the contamination. The groundwater contamination required residents of the Greenbrook Estates...

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