Supreme Court of New Jersey

Matter of Kimber Petroleum Corp.

April 18, 1988539 A.2d 1181

Summary

The Supreme Court of New Jersey upheld the DEP's directive requiring Kimber Petroleum and Solar Oil to pay cleanup costs, but read into the Spill Act an implied good‑cause defense that bars treble damages when a party has an objectively reasonable basis for refusing payment. The Court affirmed the directive while limiting the treble‑damage penalty.