Cost of Bottled Water Insufficient to Maintain CERCLA Cost Recovery Claim Where Filter System Reduced Contaminants in Groundwater to Below Applicable Standards

ABA Section of Environment, Energy and Resources

February 25, 2016
Kate Campbell
Superfund and Natural Resource Damages Litigation Committee Regional Update

On January 19, 2016, the U.S. District Court for the Eastern District of Pennsylvania dismissed at the pleadings stage a lawsuit filed by two homeowners whose groundwater was impacted by TCE that allegedly migrated from an adjacent Superfund site.  The plaintiffs filed claims against the current and former owners of the Superfund site under CERCLA and RCRA, and also asserted various state law claims.

Click here for link to ABA Section of Environment, Energy and Resources: Superfund and Natural Resource Damages Litigation Committee Regional Update.