ELR Citation: ELR 20085
No(s). 06-3080 (D.N.J. Apr 1, 2009)

A district court presiding over a group of residents' class action lawsuit against a manufacturer for allegedly contaminating water supplies dismissed an individual's New Jersey Environmental Rights Act (ERA) claim against the company for failure to provide notice. A plaintiff seeking to bring a claim under the ERA must provide at least 30 days notice to the state's Attorney General, the Department of Environmental Protection, the governing body of the municipality in which the alleged conduct has, or is likely to occur, as well as the intended defendant prior to commencing the suit. Here, the resident only provided the requisite notice of her ERA claim to the company, not to the governmental entities.