Legal Opinion

Pa. Dep't of Envtl. Prot. v. Trainer Custom Chem., LLC

Court of Appeals for the Third Circuit

Decided October 5, 2018No. 17-2607PublishedCited by 5 opinions

1Opinion of the Court

JORDAN, Circuit Judge.

We are asked in this interlocutory appeal to decide whether the owner of a piece of land is liable for the costs of an environmental cleanup that took place there before the owner acquired it. Our answer is yes.

Trainer Custom Chemical, LLC ("Trainer") acquired a property known as the Stoney Creek Site (the "Site") for $20,000, after Pennsylvania's Department of Environmental Protection ("PADEP") had already incurred over $818,000 in environmental cleanup costs at the Site. The cleanup costs continued to mount following Trainer's acquisition of the property, both because…

2Cases cited21 opinions

  1. Ross v. BlakeSupreme Court of the United States · 2016
  2. United States v. LanierSupreme Court of the United States · 1997
  3. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  4. Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
  5. United States v. Alcan Aluminum Corp.Court of Appeals for the Third Circuit · 1992

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3Cited by5 opinions

  1. Candace Moyer v. Patenaude & FelixCourt of Appeals for the Third Circuit · 2021
  2. Cranbury Brick Yard, LLC v. United StatesCourt of Appeals for the Third Circuit · 2019
  3. PPG Industries Inc v. United StatesCourt of Appeals for the Third Circuit · 2020
  4. City of Las Cruces v. United States of AmericaDistrict Court, D. New Mexico · 2022
  5. PA Manufacturers' Ass'n Ins. Co. v. Johnson Matthey, Inc. and PA DEPCommonwealth Court of Pennsylvania · 2020

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