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PA DEPT. OF ENVIRONMENTAL PROT. v. TRAINER CUSTOM

No. 17-2607.

906 F.3d 85 (2018)

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant v. TRAINER CUSTOM CHEMICAL, LLC; James Halkias; Jeremy Hunter.

United States Court of Appeals, Third Circuit.

Filed: October 5, 2018.

Attorney(s) appearing for the Case

Alexandra C. Chiaruttini , Chief Counsel, Douglas G. White , Supervisory Counsel [ARGUED], Brian G. Glass , Pennsylvania Department of Environmental Protection, 2 East Main Street, 4th Floor, Norristown, PA 19401, Counsel for Appellant.

Lloyd R. Hampton [ARGUED], Hampton & Hampton, 400 Broad Street, Route 61, Ashland, PA 17921, Counsel for Appellees Trainer Custom Chemical, LLC and Jeremy Hunter.

Joseph A. Malley, III , Law Office of Joseph A. Malley III, 15 East Second Street, P. O. Box 698, Media, PA 19063, Counsel for Appellees Trainer Custom Chemical, LLC and James Halkias.

Before: JORDAN, SHWARTZ, and KRAUSE, Circuit Judges.

OPINION OF THE COURT

We are asked in this interlocutory appeal to decide whether the owner of a piece of land is liable for the costs of an environmental cleanup that took place there before the owner acquired it. Our answer is yes.

Trainer Custom Chemical, LLC ("Trainer") acquired a property known as the...

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