ELR Citation: ELR 20751
No(s). 88-1764 (M.D. Pa. Jan 26, 1990)

The court holds that Pennsylvania's Hazardous Sites Cleanup Act (HSCA) does not provide for private causes of action for response costs and damages resulting from the release or threatened release of hazardous substances. The court holds that HSCA §§507(a) and 702(a) do not by themselves create a cause of action for recovery of response costs by the person who sustained them, but only authorizes Pennsylvania's Department of Environmental Resources, a commonwealth agency, or a municipality to bring suit. Moreover, the court holds that the Pennsylvania legislature did not intend to create a private cause of action by enacting HSCA §1101. The legislative history reveals that a private cause of action provision was deleted before the bill was enacted and a reading of the policy section of the law supports a conclusion that the legislature did not intend to create a private cause of action through enactment of HSCA.

[Prior cases in this litigation are published at 19 ELR 21368 and 20 ELR 20345.]

Counsel for Plaintiffs
Gerald J. Williams
Williams & Cuker
1650 Arch St., Ste. 2350, Philadelphia PA 19103
(215) 557-0099

Counsel for Defendants
John Gerard Whelley Jr.
Rosenn, Jenkins & Greenwald
15 S. Franklin St., Wilkes-Barre PA 18711
(717) 826-5600

Robert Ufberg
Rosenberg & Ufberg
701 Mulberry St., Scranton PA 18510
(717) 343-4757

Daniel Segal, David Richman
Pepper, Hamilton & Scheetz
3000 Two Logan Sq., 18th & Arch Sts., Philadelphia PA 19103-2799
(215) 981-4000