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A New Jersey Superior Court judge has told ExxonMobil it has to pay damages to a state agency for polluting over a thousand acres of land in New Jersey, including a nearly 300-acre site in Bayonne.
In a ruling last month, Judge Ross Anzaldi, sitting in Trenton, denied the oil conglomerate's application to dismiss compensation to the state Department of Environmental Protection. The state agency is seeking many millions of dollars in compensation for environmental pollution that ExxonMobil - and its corporate predecessor, Standard Oil - caused at a 288-acre site to the east of Route 440 near East 22nd Street and also at a 1300-acre site known as Exxon Bayway in Linden. ExxonMobil operated a refinery at the Bayonne location from the early 1900s until 1972 and then used a facility there to store oil additives. ExxonMobil is working with DEP on an environmental cleanup plan for the Bayonne site, part of which is to be developed as the Bayonne Crossing shopping development. Much of the remaining land is owned by IMTT, which uses the property as a marine terminal and a petroleum storage facility.

The oil company argued that state law only allows DEP to receive damages for former wetland areas that the DEP holds currently under public trust. Using that guideline, the company asked the court to throw out DEP's claims for 238 acres at the Bayonne site. Siding with DEP, the judge ruled the agency has a right to be compensated wherever contaminated land damages natural resources in New Jersey, even if the land is privately held.
ExxonMobil officials said the judge' decision erodes private property rights, and even raises constitutional issues about the state holding a "public trust" interest in property it does not own or control.
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