Bill > S3974

Introduced Session

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.

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Teresa Ruiz (D)*, 

Reported from Senate Committee, 2nd Reading (on 12/09/2019)

Official Document