After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting for is here – Judge Michael J. Hogan granted NJDEP’s motion to approve the consent judgement with ExxonMobil that settles out for $225 million the State’s original $8.9 billion claimed for natural resource damages.
Based on initial reports on the ruling, the court found that the settlement amount was a reasonable compromise in light of the risks still attached to the complex and costly litigation that has lasted more than a decade, including the risk of a number of appeals preserved by ExxonMobil through the years. Initial reports also indicate that the court found that NJDEP’s damages estimate was rational and the settlement was consistent with the Spill Act and with the public interest.
It can be fully expected that the coalition of environmental groups and State Senator Raymond Lesniak, who have been leading the charge in challenging the settlement as a dirty deal and woefully inadequate, will strongly disagree with the ruling and take steps to overturn it.
