Bill > S1005

Introduced Session

This bill 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 for damages, abatement, and other appropriate legal or equitable relief, not limited to injunctive relief, against a former or present lead paint manufacturer or an entity that produced, promoted, or distributed lead pigments for use in residential paints or coatings pursuant to a common law theory of public nuisance. Under the bill, 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 would provide 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 or lead pigments used in residential paints or coatings, when brought by the Attorney General.

Committee Categories

Teresa Ruiz (D)*, 

Referred to Senate Budget and Appropriations Committee (on 02/10/2022)

Official Document