CBS, Carnegie Mellon challenge DEP's attempt to apply 'consistency waiver' with six-year limitation to removal

摘要

Opposing reconsideration, CBS Inc and Carnegie Mellon University challenged on Jan. 13 the Pennsylvania Department of Environmental Protection's argument that a "consistency waiver' warranted a six-year statute of limitations for cost recovery in connection with removal work at Bolden Landfill in Westmoreland County. (See issue of Dec 15.2010 Pages 12 and 36.) On Nov. 3, United States Magistrate Judge Lisa Pupo Lenihan of the Western District of Pennsylvania held that the department failed to set forth sufficient factual matter to show a plausible claim based on a "limited interim response" under the Pennsylvania Hazardous Sites Cleanup Act in order to avoid the three-year statute of limitations.