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Action Manufacturing Co., Inc. v. Simon Wrecking Co.

428 F. Supp. 2d 288 (2006)

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Action Manufacturing Co., Inc. v. Simon Wrecking Co.

United States District Court for the Eastern District of Pennsylvania
428 F. Supp. 2d 288 (2006)

Facts

Chemclene Corporation processed and stored industrial solvents and waste at the Malvern TCE Superfund Site in Malvern, Pennsylvania, for 40 years. The site was eventually targeted by the Environmental Protection Agency’s (EPA) Superfund program for cleaning up hazardous locations, and the EPA notified certain parties that they were potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Simon Wrecking Co. (defendant) was one of those PRPs, because the company brought drums of hazardous wastes to the site during its operation. The Chemclene Site Defense Group (CSDG) (plaintiffs) entered into a consent decree with the EPA and agreed to take responsibility for remediating the site. The CSDG filed a lawsuit under CERCLA against 74 PRPs to collect their shares of the cleanup costs. At the time of trial, CSDG had received approximately $6.6 million in settlements from PRPs, and the total cleanup costs were estimated to be approximately $23 million. The only defendant that did not settle prior to trial was Simon Wrecking Co.

Rule of Law

Issue

Holding and Reasoning (Brody, J.)

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