New Jersey came up a big loser under Gov. Chris Christie yet again on Tuesday, when a state judge approved the administration’s massive sellout to ExxonMobil on cleanup of a pair of polluted refinery sites in Linden and Bayonne.
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Superior Court Judge Michael Hogan described the settlement in his ruling as “fair, reasonable, in the public interest” and consistent with a state law that seeks to protect New Jersey’s natural resources from contamination by petroleum products and other hazardous substances. “After a decadelong court battle, this spring the Christie administration abruptly and inexplicably gave the oil giant a more than 98 percent discount on the damages due for its destruction”.
Hogan, sitting in Burlington County, wrote in his decision Tuesday that “Exxon’s payment represents a reasonable compromise given the substantial litigation risks” the state “faced at trial and would face on appeal”.
“This settlement still stinks, and we’re still going to fight it because there’s been a disregard of a generation of pollution at hundreds of Exxon facilities around the state”, said Doug O’Malley, director of Environment New Jersey.
The state was originally seeking $8.9 billion for the cleanup and remediation of the two major sites.
“The indefinite deferral of Morses Creek – virtually forever, since that refinery has been operating since 1909 – clearly violates the Spill Act’s mandate to promptly clean up contamination”, Lesniak said.
Lesniak said he was “already working” on an appeal.
The case stretches back to 2004, when the state Department of Environmental Protection and the state attorney general brought a lawsuit against Irving, Texas-based Exxon Mobil Corp. He said he was just beginning to work on a ruling when he received notice that the state and Exxon had reached a settlement in February 2015.
The deal covered properties such as the gas stations that were not part of the lawsuit. Environmental groups quickly criticized Monday’s ruling and also pledged to appeal it.
Acting New Jersey Attorney General John Hoffman said the state can still pursue some claims against Exxon, including over damages to the Arthur Kill, Newark Bay and other surface waters.
“Today’s ruling in support of the Christie administration’s settlement agreement with Exxon is a grave loss for the people of New Jersey”.
An Exxon spokesman said the company lauds the decision.
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His decision to approve came after a 60-day public comment period, in which the vast majority of more than 16,000 public comments opposed the settlement, Hogan wrote.
