NEWARK, N.J. (AP) - A New Jersey appeals court has ordered Exxon Mobil Corp. to pay the state for lost recreational opportunities resulting from contamination at waterfront refineries it operated.
The decision Wednesday is a setback for Exxon Mobil, which had been working to clean sites in Linden and Bayonne since 1991. The state sued in 2004 after the company balked at its request to also pay for the loss of natural recreation opportunities, such as fishing and bird watching, due to pollution at the sites.
'This is an important victory for our environment and the people of New Jersey,' state Department of Environmental Protection Commissioner Lisa P. Jackson said in a statement. 'The appellate court's decision removes all doubt that responsible parties must compensate the public for the value, use and benefits lost because of injuries to the natural resources that rightfully belong to the people.'
New Jersey officials declined to say how much they are seeking. Compensation could come from money and land, DEP spokeswoman Elaine Makatura said.
Damages would be determined only after a hearing before a trial judge.
Exxon Mobil, of Irving, Texas, is reviewing the decision but had no comment on whether it would appeal, spokeswoman Prem Nair said.
The ruling upheld an important law and could be worth millions of dollars to the state, said Jeff Tittel, executive director of the Sierra Club's New Jersey chapter, which was not involved in the case.
'You may not be able to clean up every bit of oil at the bottom of the Arthur Kill, but you can compensate us for damaging our water,' Tittel said.
The decision should aid New Jersey as it pursues other compensation claims, said Robert Spiegel, executive director of the Edison Wetlands Association, a nonprofit group that monitors cleanups in central New Jersey.
'This has huge implications for the entire state of New Jersey,' Spiegel said, adding that there are 18,500 known contaminated sites in New Jersey -- a list he said grows by as many as 50 sites per week.
The refineries began operating in the early 1900s. The Linden plant was called Exxon Bayway, and the other was known as Exxon Bayonne. Toxins from the plants have contaminated soil, groundwater, wetlands and adjoining waterways, the state said.
Cleanup continues at both refineries. Bayway was sold in 1993. Part of the Bayonne site was also sold, but Exxon Mobil still operates a lubrication plant there.
The appellate panel said the case was the first time New Jersey courts had considered damages for the lost opportunity to use a natural resources because of pollution.
The appeal panel's 3-0 ruling reversed a ruling by a trial judge.
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