Exxon Corp. et al. v. Hunt, Administrator of New Jersey Spill Compensation Fund, et al. (475 U.S. 355)
U.S. Supreme Court · decided March 10, 1986 · Supreme Court Database (Spaeth)
- Citation
- 475 U.S. 355 · 106 S. Ct. 1103
- Decided
- March 10, 1986
- Term
- October Term 1985
- Vote
- 7–1
- Majority author
- Justice Marshall
- Issue area
- Federalism
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Marshall delivered the opinion of the Court. The question for our determination is whether § 114(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 94 Stat. 2796, 42 U. S. C. § 9614(c), pre-empts the New Jersey Spill Compensation and Control Act, N. J. Stat. Ann. §§58:10-23.11 to 58:10-23.11z (West 1982 and Supp. 1985) (Spill Act). We conclude that the Spill Act is pre-empted in part. H — I 0> In 1977 the New Jersey Legislature enacted the Spill Act to respond to the problem of hazardous substance release. Finding that oil spills threatened the health and beauty of the State’s natural resources, and that leaks of hazardous chemicals from disposal sites presented a great risk to the public, the legislature intended the Spill Act to protect the citizens and environment of New Jersey through prevention and cleanup of spills and other releases. Those efforts are financed by an excise tax levied upon major petroleum and chemical facilities within the State. The money collected goes into a permanent fund known as the “Spill Fund.” The Spill Fund may spend money to clean up releases of hazardous substances, to compensate third parties for certain economic losses sustained as a result of such releases, and to pay administrative and research costs. N. J. Stat. Ann. §58:10-23.11o (West Supp. 1985). In 1980 Congress enacted CERCLA…
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