Jump to Navigation
Jump to Content

Warren v. Matthey, Inc.

ELR Citation: 46 ELR 20020
Nos. 15-01919, (E.D. Pa., 01/19/2016) (Pappert, J.)

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response costs. During oral arguments, their attorney stated that the homeowners purchased bottled water due to the contamination. But the court is unaware of any cases that support the assertion that purchasing bottled water is a recoverable response cost, and even if it is, the homeowners failed to show that incurring such cost was “necessary.” The RCRA claims were also dismissed because they failed to allege that contamination poses an imminent and substantial endangerment to health or the environment. A number of courts have found that a contaminated water supply does not pose an imminent and substantial endangerment where plaintiffs are not drinking the contaminated water. Here, they do not allege that they are drinking the contaminated water. Because the federal-law claims were dismissed, the court declined to exercise supplemental jurisdiction over the remaining state-law claims.