National Resource Damages

New Jersey Department of Environmental Protection v. ExxonMobil, No. UNN-L-3026-04 (consolidated with HUD-4415-04),order of May 26, 2006 (granting Motion for Partial Summary Judgment on primary restoration under the Spill Act); discussed in Exxon Strictly Liable for New Jersey Oil Spills, 18 No. 1 Andrews Util. Indus. Litig. Rep. 4 (June 15, 2006).

New Jersey Department of Environmental Protection v. ExxonMobil, No. A-6588-05T5, 2007 WL 1610091 (App. Div., Sup.Ct.) (June 6, 2007) (interpreting Spill Act to allow for all compensatory restoration damages, including loss of use); cited with approval in New Jersey Department of Environmental Protection v. Minnesota Mining & Manufacturing, et al., No. 06-2612 (NLH) (July 5, 2007) (finding a clear legislative recognition of NJDEP's "authority to seek compensation not just for physical injury to natural resources, but also for the loss of the benefits they provide"); discussed in Polluting Entities May Be Strictly Liable for Loss of Use of Natural Resources Harmned by Discharge of Hazardous Substances, 50 LAW REPORTER p.50 (August 2007); Kate Coscarelli, Jersey Wins Suit Over Oil Refineries, STAR LEDGER (June 7, 2007); Jeffrey Gold, ExxonMobil Must Pay for Recreation Loss, HOUSTON CHRONICLE (June 6, 2007); Henry Gottlieb, Court Says N.J. Can Tap Polluters For 'Loss of Use' of Natural Resources, N.J. LAW JOURNAL (June 11, 2007); Appeal Court Ruling Deals ExxonMobil a Big Setback, NJ BIZ (June 11, 2007); Court Finds ExxonMobil Must Pay for Recreation Lost to Pollution, INT'L HERALD TRIBUNE (June 6, 2007).

In re Three Mile Island Alert, Inc., 771 F.2d 720 (3d Cir. 1985), cert. denied, 106 S.Ct. 1460 (1986) (challenge to the Nuclear Regulatory Commission's decision to reopen the undamaged Unit I reactor at Three Mile Island)