It is not often that the Supreme Court takes on significant environmental cases – and in this instance – two significant decisions were issued by the Court within a month of each other.
For overviews and key takeaways of these two environmental law decisions from the U.S. Supreme Court – Atlantic Richfield Co. v. Christian
The Third Circuit recently concluded that the owner of a remediated site could be liable under Section 107(a) of CERCLA for remediation costs incurred prior to its acquisition of the property. Pa. Dep’t of Envtl. Prot. v. Trainer Custom Chem. LLC 906 F.3d 85 (3d Cir. 2018).
The facts of the case are straightforward enough. Trainer Custom Chemical (“Trainer”) purchased property (“the Site”) at a tax sale knowing that it was contaminated. At the time of purchase, the Pennsylvania Department of Environmental Protection (PDEP) had spent more than $800,000.00 in remediation costs.
Continue Reading Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA