3rd Circuit Finds Landowner Liable For Response Costs Incurred Before Purchase

Mealey's (October 8, 2018, 11:41 AM EDT) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Oct. 5 reversed a federal judge in Pennsylvania’s ruling that a landowner is responsible only for response costs incurred by the U.S. Environmental Protection Agency and Pennsylvania Department of Environmental Protection (PaDEP) after it purchased a piece of contaminated land, holding that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) states that the landowner is also responsible for response costs that were incurred before its purchase of the site (Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC, et al., No. 17-2607, 3rd Cir., 2018 U.S. App. LEXIS 28259)....