Winsor Street Associates, L.P. v. US Army

The case involved indoor air, soil and ground water contamination at the Former Raritan Arsenal, Edison, New Jersey, a Formerly Utilzed Defense Site (FUDS). Six tenants of a building, including a child day care center, were investigated by NJDEP for indoor air contamination. When unacceptable results were obtained from the sampling, the NJDOH and NJDEP considered closing the day care center and issued a Spill Act Directive to the owner of the site and the US Army Corps of Engineers. The owner incurred response costs to investigate the site, clean up the soil and install an indoor venting system make it safe for the tenants. The owner incurred damages in doing so. The claim proceeded against the United States Army for damages. Thecase was settled with the United States Department of Justice for the full extent of the owner's response costs including eligible legal fees.