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PETER C. HARVEY ATTORNEY GENERAL OF NEW JERSEY Richard J. Hughes Justice Complex 25 Market Street PO ... - page 49 / 53

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49 / 53

d.

Award the Plaintiffs their costs and fees in this action;

and,

e.

Award the Plaintiffs

such other relief as this Court

deems appropriate.

COUNT IX

Negligence

241. Plaintiffs repeat each allegation of Paragraphs 1 through

240, above as if set forth in its entirety herein.

242.

Soil,

ground

water,

surface

water

and

wetlands

are

natural resources of the State held in trust by the State.

243.

The

use,

enjoyment

and

existence

of

uncontaminated

natural resources is a right common to the general public.

244.

The

soil,

ground

water,

surface

water

and

wetlands

contamination at the Site constitutes a physical invasion of public

property and an unreasonable and substantial interference, both

actual and potential, with the exercise of the public's common

right to these natural resources.

245. Defendants knew or should have known of the contamination

and resulting harmful effects of discharging their respective CCPW.

246.

Despite

this

knowledge,

Defendants

voluntarily

and

negligently caused the CCPW to be discharged at the CCPW Sites.

247.

Defendants

respective

discharges

of

CCPW

were

the

proximate cause of the contamination of the soil, ground water,

surface water and wetlands at the CCPW Sites.

49

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