United States v. Wade
Citation: 14 ELR 20435
No. No. 79-1426, 20 ERC 1657/(E.D. Pa., 02/02/1984) Motion to dismiss state's claims denied in part
The court denies defendant generators' motion to dismiss the Commonwealth of Pennsylvania's complaint in intervention seeking response cost and natural resources damage recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court rules that the commonwealth's complaint need not be dismissed solely because Pennsylvania allegedly has already received more money in settlements than it has spent at the site, for reasons relied upon in a decision rejecting the same argument as applied to the United States, 14 ELR 20096. The court denies defendants' motion to dismiss intervenor's natural resources damage recovery claims for failure to comply with CERCLA §§ 111(h) and (i), ruling that compliance with those provisions is not a prerequisite to filing a complaint. The court next rules that § 107(f), which bars claims for natural resources damages that, along with the releases causing them, occurred entirely prior to enactment of CERCLA, does not bar intervenor's claim simply because disposal of defendants' wastes at the site was completed before that date. Intervenor's complaint alleges that releases from the site causing natural resources damage continue. However, the court does dismiss intervenor's public nuisance complaint as it applies to defendant generators. The court next rejects defendants' claim that the case is not ripe for declaratory adjudication of their liability. Finally, the court rules that intervenor complied with the December 11, 1983 deadline for cases of this type, both by filing its motion to intervene prior to that date, and by filing its complaint on December 12, 1983, a Monday.
Counsel are listed at 14 ELR 20096.