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N.J. DEPT. OF ENVIR. PROTECTION v. ALDEN LEEDS, INC.

153 N.J. 272 (1998)

708 A.2d 1161

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-APPELLANT, v. ALDEN LEEDS, INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 12, 1998.

Attorney(s) appearing for the Case

Ronald P. Heksch, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, of counsel; Gene B. Rosenblum, on the briefs).

David L. Levinson, a member of the New York bar, argued the cause for respondent (Bruce L. Safro, attorney).

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

This appeal raises two significant issues. The first is whether the Air Pollution Control Act of 1954 (APCA), N.J.S.A. 26:2C-1 to -25.2, and N.J.A.C. 7:27-5.2(a), one of its implementing regulations, impose strict liability for civil penalties on the owner or operator of a chemical facility that releases toxins into the atmosphere because of a fire of unknown origin on its premises. The second issue...

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