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Philadelphia, City of v. Stepan Chem. Co.

Citation: 14 ELR 20007
No. No. 81-0851, (E.D. Pa., 08/23/1983) Certified for interlocutory appeal

The court certifies for interlocutory appeal its ruling, 12 ELR 20915, that Philadelphia may claim damages under the Comprehensive Environmental Response, Compensation, and Liability Act from a generator whose hazardous wastes were illegally dumped in a city landfill. The court rules that certification is warranted since there is a controlling question of law with substantial ground for difference of opinion and resolution of the question may avoid protracted litigation. However, the court refuses to certify or reconsider its dismissal of Philadelphia's federal common law nuisance claim, finding no support for the city's claim that federal common law has not been preempted. The court also refuses to certify or reconsider its dismissal of plaintiff's state statutory claims, reiterating its earlier conclusion that the statutes provide no basis for imposing strict liability on generators of hazardous waste.

Counsel for Plaintiff
Ralph Pinkus, Albert J. Slap, Martha Gale
Office of the City Solicitor
1500 Municipal Services Bldg., Philadelphia PA 19107
(215) 686-5244

Counsel for Defendants
Patrick T. Ryan, Cynthia J. Giles
Drinker, Biddle & Reath
1100 Philadelphia Nat'l Bank Bldg., Philadelphia PA 19107
(215) 988-2700