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Civil Procedure Keyed to Friedenthal
Lansford-Coaldale Joint Water Authority v. Tonolli Corp.
Citation:
4 F.3d 1209 (3d Cir. 1993)Facts
Lansford-Coaldale Joint Water Authority provided public water in Pennsylvania. Tonolli Corp. owned property adjacent to property of the authority, and had formerly used that property for lead smelting. The Water Authority sued Tonelli Corp. under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to recover costs for responding to the threat of environmental contamination. The Authority sought to recover costs it would incur due to the threat of future environmental contamination and costs for monitoring and evaluating environmental hazards. At the conclusion of the trial, the district court made oral findings of fact and conclusions of law and denied recovery on all of the Authority’s claims. The Authority appealed.
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