Bill Text: NJ A6051 | 2018-2019 | Regular Session | Introduced
Bill Title: Authorizes common law public nuisance suits regarding lead paint under State law; exempts Attorney General from certain aspects of public nuisance claims when pursuing lead paint actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-05 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A6051 Detail]
Download: New_Jersey-2018-A6051-Introduced.html
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
SYNOPSIS
Authorizes common law public nuisance suits regarding lead paint under State law; exempts Attorney General from certain aspects of public nuisance claims when pursuing lead paint actions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public nuisance actions related to lead paint, supplementing P.L.1971, c.366 (C.24:14A-1 et seq.), and amending P.L.1987, c.197.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Nothing in P.L.1971, c.366 (C.24:14A-1 et seq.) shall preclude recourse to any other remedy available pursuant to common law for a violation of P.L.1971, c.366 (C.24:14A-1 et seq.) or for damages caused by the sale or distribution of lead paint and the subsequent use of such lead paint in dwellings.
2. (New section) The Attorney General may bring an action for damages against a former or present lead paint manufacturer pursuant to a common law theory of public nuisance, and shall not be limited to injunctive relief. The Attorney General need not demonstrate that a defendant physically controls lead paint, or real property that contains lead paint, in order to prevail in a common law public nuisance claim based upon the sale or distribution of lead paint, nor demonstrate a special injury in order to recover damages or prevail in such an action.
3. Section 6 of P.L.1987, c.197 (C.2A:58C-6) is amended to read as follows:
6. The provisions of this act shall not apply to :
a. any environmental tort action ; or
b. a public nuisance claim brought pursuant to common law by the Attorney General concerning lead paint .
4. This bill shall take effect immediately and shall apply to causes of action filed on or after the date of enactment.
STATEMENT
This act would allow common law public nuisance suits under P.L.1971, c.366 (C.24:14A-1 et seq., and known as the "lead paint act"), and exempt the Attorney General from certain elements of a public nuisance claim when pursuing a public nuisance lead paint claim. Specifically, the Attorney General would be permitted to bring an action against a former or present lead paint manufacturer pursuant to a theory of public nuisance and would not be limited to injunctive relief. The Attorney General would not be required to demonstrate that a defendant physically controls lead paint, or real property that contains lead paint, to prevail on a public nuisance claim based upon the distribution of lead paint, nor demonstrate a special injury in order to prevail in those actions. Additionally, the bill provides that the exemption that already applies to environmental tort actions in the law regulating product liability actions, P.L.1987, c.197 (C.2A:58C-1 et seq.) would also apply to actions concerning lead paint, when brought by the Attorney General.
The New Jersey Supreme Court, in In re Lead Paint Litigation, 191 N.J. 405 (2007), held that a group of municipalities could not bring a common law public nuisance action against lead paint manufacturers because (1) the lead paint act is the exclusive remedy provided by the Legislature for lead paint actions and the act does not allow for public nuisance claims against manufacturers; (2) government entities cannot bring claims for damages under common law public nuisance doctrine and may only seek injunctive relief; and (3) that the law regulating product liability actions, P.L.1987, c.197 (C.2A:58C-1 et seq.), does not exclude lead paint actions under its environmental tort exemption provisions, and that a public nuisance action against lead paint manufacturers was properly recognized as a products liability claim. The bill would amend the lead paint act and the law regulating products liability actions to allow the Attorney General to pursue public nuisance claims against lead paint manufacturers, and to remove the limitation on the relief available in actions brought by the Attorney General.
