By Neil Haggerty
A judge on Monday rejected an attempt by environmental activists
and a state lawmaker to intervene in New Jersey Gov. Chris
Christie's decision to settle a contamination case with Exxon Mobil
Corp. for $225 million, a significant setback in the effort to
scuttle the deal.
Superior Court Judge Michael Hogan ruled that the interests of
the environmental groups and Sen. Raymond Lesniak were adequately
represented by the state Department of Environmental Protection,
the original party in the 11-year dispute.
The environmental groups say the proposed $225 million
settlement doesn't cover the damage caused by Exxon's refineries to
an area spanning more than 1,500 acres of wetlands, meadows and
waterways near Bayonne. The state initially sought $8.9 billion
from Exxon.
The groups and Mr. Lesniak "have done nothing to overcome the
presumption of adequate representation that arises when they share
the same ultimate goal with an original party," Judge Hogan wrote
in his decision.
A spokesman for the Department of Environmental Protection said,
"We're pleased that this decision will allow consideration of the
proposed settlement to move forward, while providing a mechanism
for input from those who wish to be heard."
Jeff Tittel, director of the New Jersey Sierra Club, pledged to
continue to fight. "We are looking to appeal this decision," he
said.
A spokesman for Exxon declined to comment. The company opposed
the environmental groups' intervention in the case.
Officials have said the settlement would be the largest
environmental settlement in the state's history and it would ensure
that Exxon couldn't appeal.
The groups looking to intervene have accused the state of not
acting in the best interest of New Jersey residents. The settlement
amounts to 2.5% of the amount the state initially sought from
Exxon.
"Gov. Christie and his administration should not let this
multi-billion-dollar oil corporation off the hook for the damages
it rightfully owes the people of this state," Natural Resources
Defense Council attorney Margaret Brown said in a news release.
Mr. Lesniak, a Democrat, said Monday that he intends to file a
brief with the judge, who will decide whether to approve the
settlement. "I'm optimistic that the judge is going to reject the
settlement," he said.
Write to Neil Haggerty at neil.haggerty@wsj.com
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