Turning "Takings" On Their Ear - Exxon Must Pay For Lost Recreation Opportunities Caused By Toxins

[hatrack]

NEWARK, New Jersey: A New Jersey appeals court has ordered Exxon Mobil Corp. to pay the state for lost recreational opportunities resulting from contamination at waterfront refineries it operated.

The decision Wednesday is a setback for Exxon Mobil, which had been working to clean sites in Linden and Bayonne since 1991. The state sued in 2004 after the company balked at its request to also pay for the loss of natural recreation opportunities, such as fishing and bird watching, due to pollution at the sites.

"This is an important victory for our environment and the people of New Jersey," state Department of Environmental Protection Commissioner Lisa P. Jackson said in a statement. "The appellate court's decision removes all doubt that responsible parties must compensate the public for the value, use and benefits lost because of injuries to the natural resources that rightfully belong to the people."

New Jersey officials declined to say how much they are seeking. Compensation could come from money and land, DEP spokeswoman Elaine Makatura said.

EDIT

http://www.iht.com/articles/ap/2007/06/06/business/NA-FIN-US-Exxon-Cleanup.php

[acmavm]

1. EXXON-Mobile will give the same excuse they've been using

to avoid paying the damages from teh EXXON-Valdez oil spill.

They can't afford it.

[kestrel91316]

2. Now that the shoe is on the other foot, watch them whine.

[depakid]

3. The law can be a 2 edged sword

which is what I told folks when Kelo v. New London was decided.

Since then, it's been used to stop a Walmart!