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Exxon May Be Sued for Natural Resource Damage Done Prior to Passage of NJ Spill Act
New Jersey can pursue Exxon Mobil for natural resource damage done by two refineries prior to enactment of the state's Spill Compensation and Control Act, a Union County judge has ruled. Ruling on the company's attempt to limit its exposure to damages for pollution at the 288-acre Bayonne works and the 1,800-acre Bayway Refinery in Linden, Superior Court Judge Ross Anzaldi held the Spill Act can be applied retroactively, not just forward from its 1977 enactment.
Background
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
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The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.