Supreme Court of New Jersey

State of New Jersey, Department of Environmental Protection, Plaintiff-Respondent v. Jersey Central Power & Light…

January 22, 197669 N.J. 102

Summary

The Supreme Court of New Jersey reversed the Appellate Division and entered judgment for Jersey Central, holding that the State failed to prove that the utility's cooling water discharge was a hazardous substance, that it caused the menhaden die‑off, and that federal preemption under the Atomic Energy Act bars the State's damages claim.