Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA

Contact: Environmental Practice Team, Phillips Lytle
Posted Mar 4, 2019

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 case is noteworthy not only because of the significant implications for property owners and developers, but also because it is one of the few to have analyzed the issue.

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