Federal Court Says State Cannot Renege On Waiver of Resource Damages Claim

摘要

Oral and written representations by a state that it will not pursue a claim for natural resource damages bars the state from later pursuing such an action based on a change in policy, a federal trial court ruled Sept. 29 (FMC Corp. v. American Cyanamid, D.N.J., No. 01-476, 9/29/10).rnThe New Jersey Department of Environmental Protection waived its right to bring a natural resource damage claim when it informed a potentially liable company "that injuries to natural resources will not be assessed" against it, the U.S. District Court for the District of New Jersey said.