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Economic Opportunities from Environmental Harms: The Passaic River Example

Economic Opportunities from Environmental Harms: The Passaic River Example. Bill Jackson bjackson@jgdpc.com. U.S. Sen. Cory Booker on the Passaic River. “New Jersey’s biggest crime scene”. “If we can clean up our world, I'll bet you we can achieve warp drive.” William Shatner.

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Economic Opportunities from Environmental Harms: The Passaic River Example

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  1. Economic Opportunities from Environmental Harms: The Passaic River Example Bill Jackson bjackson@jgdpc.com

  2. U.S. Sen. Cory Booker on the Passaic River “New Jersey’s biggest crime scene”

  3. “If we can clean up our world, I'll bet you we can achieve warp drive.” William Shatner Divisibility IN a River Case: As likely as Time Travel?

  4. Focusing on the Risk The State Decides to Act

  5. State’s 2005 Directive & Litigation • Source Control Dredge Plan & Directive • NJDEP filed Litigation against Diamond Entities and Parent Companies seeking: • Past Costs • Declaratory Relief for Future Costs • Economic Damages • Disgorgement and Punitive Damages • NRD Assessment Costs • Fraudulent Transfers & Alter Ego Findings • Attorneys Fees and Litigation Costs

  6. Results to Date • Summary Judgments against Primary Defendants • Primary Defendants held strictly jointly and severally responsible for all past and future costs • Settlement with 300 Third-Party Defendants • Settlement with Repsol/YPF/Maxus Parties • Settlements entered in December 2013, recovered: • $148 Million in Past Costs & Litigation Costs • $17 Million in NRD Restoration Projects • $400 Million in protection against State FFS Costs • Reopeners for all other future costs subject to MSJ • Economic & NRD Damages Reserved v. OCC

  7. April 10, 2014 The Remedy

  8. Focused Feasibility Study • On April 10, 2014, the EPA FFS Remedy Released • One of the largest Superfund remedies ever proposed • Bank-to-bank dredging of the lower 8-miles • Depths determined by navigational uses • 4 Million cubic yards of contaminated sediments to be dredged, pressed, dried and shipped out of State for disposal • Accompanied by a 2-foot cap of the river bottom • Estimated to cost $1.7 Billion ++

  9. An Opportunity for Economic Revival Restoration of the Passaic

  10. Bridge between Environment and the Economy • Direct link between the economy and the environment in the river, bay and port cases • Beneficial impacts on local political bodies and the local community reaction to the Passaic • Surveyed local governments and communities • Evaluated future uses of the Passaic River • Incorporated into Remedy and Restoration Plans • The Federal NRDA Process • States Can Break Paradigm & Act to Encourage Immediate Redevelopment and Investment

  11. Economic Benefits of Early Restoration • Local & NRD Investment in Human Use Projects • Induced Economic Activity and Jobs • Multipliers in the Economy and ROR • Can Yield Enormous Benefits to the Public • Credits for Increased Ecological/Human Services • For Responsible Parties: • Mitigation of Damages • Credit Mechanisms • Allows Settlements with imperfect information

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