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AG Davenport Announces Two Natural Resource Damages Settlements

  • New Jersey AG Jennifer Davenport and Department of Environmental Protection (DEP) Commissioner Ed Potosnak announced two finalized natural resource damages (NRD) settlement agreements with Hess Corp. and Hercules LLC, which together are worth more than $20 million. The settlements resolve the state’s claims concerning alleged environmental harm from hazardous substances and contaminants at multiple sites, and funds from both settlements will be used to restore the state’s natural resources.
  • The Hess settlement will require the company to pay New Jersey $19.5 million to resolve its NRD liability arising from decades of alleged pollution at its former refinery in Port Reading, Woodbridge Township. The State reserves the right to file a later complaint against a larger set of defendants over off-site pollution in the Arthur Kill and Smith Creek.
  • Under the Hercules settlement, the company will pay $4.5 million to settle claims from a 2007 lawsuit for NRD resulting from alleged contamination at four sites. Hercules must also pay up to $50,000 for DEP costs associated with three conservation easements that are part of the consent judgment, by which Hercules will permanently preserve more than 600 acres of land for watershed protection, habitats, or aquifer recharge.