Commonwealth v. JEMS of New England, Inc.

INTRODUCTION

This action arises from a petroleum release at a service station in Spencer, which is alleged to have caused contamination of well water used by occupants of a neighboring home. The Commonwealth initially brought this action against JEMS New England, Inc. (“JEMS”), seeking civil penalties and injunctive relief. JEMS, in turn, joined Zecco, Inc. (“Zecco”), which it alleges caused the contamination and failed to remedy it. Presently before the Court is Zecco’s motion to dismiss JEMS’ third-party complaint against it. The Commonwealth joins in the motion. For reasons that will be…