ELR Citation: ELR 20840
No(s). L-29911-72 (N.J. Super. Ct. Jul 27, 1973)

The operator of a nuclear electricity-generating plant that caused a fish kill by discharging cold water into a tidal creek normally kept warm by discharges from the plant, is held liable both for penalties under a statute prohibiting discharges, and for money damages to the state under the trust doctrine. Cold water in this instance is an injurious substance within the meaning of the statute. The state, as trustee of these waters, has a right to seek injunctive relief to protect the creek from harm, and to seek monetary reimbursement when such damage occurs.

Counsel for Plaintiff
Lewis Goldshore Deputy Attorney General
Statehouse Annex
Trenton, NJ 08625

Counsel for Defendant
Robert O. Brokaw
New Jersey Power & Light Company
Madison Avenue at Punchbowl Road
Morristown, NJ 07960