ELR Citation: ELR 20367
No(s). 3:CV-91-1501 (M.D. Pa. Sep 30, 1993)

The court holds that a government removal action was complete, and thus the three-year statute of limitations in §113(g)(2)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act began to run, after the government inspected remote water meters, photographed the site to verify successful completion of the removal action, and completed a final pollution report. The court finds that all the work performed within the three years prior to the filing of the government's action for removal costs was related to the assessment of the work that was previously done on-site and were therefore part of the removal action. Authority exists that the U.S. Environmental Protection Agency's completion of documentation and reporting requirements is part of the overall removal action process.

Counsel for Plaintiff
John C. Cruden, Donna D. Dyer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
David Richman
Pepper, Hamilton & Scheetz
3000 Two Logan Sq., Philadelphia PA 19103
(215) 981-4000
Daniel Segal, Joseph J. Connolly
Hangley, Connolly, Epstein, Chicco, Foxman & Ewing
1515 Market St., 9th Fl., Philadelphia PA 19102
(215) 851-8400