The Natural Resources Defense Council and a New Jersey State Senator are asking a judge to make them parties in the pollution case between Exxon Mobil and the Garden State.

The NRDC alleges the New Jersey Department of Environmental Protection “breached its duty … to protect public resources” when it accepted a $225 million settlement with Exxon — not the $8.9 billion it originally claimed in environmental damages.

“We want to start with the question of whether that’s a fair settlement,” said NRDC attorney Selena Kyle. “Why is that dollar amount reasonable, fair, adequate given the size of their claim?”

Currently, a small portion of the settlement will go towards restoring natural resources from the damages. "We think it should all go to restoration," Kyle said. "That's where this claim came from in the beginning."

Democratic Sen. Raymond Lesniak said the state “sold out to Exxon Mobil.”

Both asked a New Jersey Judge to allow them to intervene as parties in the case since the state and Exxon Mobile are aligned in favor of approving the proposed settlement. 

Attorneys for Exxon and the state don’t want the NRDC or Sen. Lesniak to become parties in the case. Special counsel to the Attorney General Allan Kanner said, "that could slow things up" in the already decade-long lawsuit. 

The Christie Administration says the settlement is good for New Jersey because Exxon cannot appeal and is already cleaning up its refineries.