Department of Environmental Resources v. Winn

BARBIERI, Senior Judge.

Petitioners, the Department of Environmental Resources (DER) and the Commonwealth of Pennsylvania (collectively referred to hereinafter as the Commonwealth parties), appeal by permission of this Court an interlocutory order of the Board of Claims denying their motion for judgment on the pleadings.

In 1983, DER issued an ex parte remediation order, requiring, inter alia, Richard Winn and David Ehrlich, respondents herein, to undertake remedial measures and pay all costs and obligations deemed appropriate to remedy a hazardous condition at the Strasburg Landfill.…