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Beazer East obtains Third Circuit dismissal of claims brought by Pennsylvania DEP relating to cleanup of Boldan Landfill

January 2014

Client(s) Beazer East, Inc.

Jones Day represented Beazer East, Inc. in district court and appellate litigation involving claims brought by the Pennsylvania Department of Environmental Protection ("DEP") against Beazer and other entities identified as potentially responsible parties to recover costs associated with the cleanup of the Boldan Landfill site in Penn Township, Pennsylvania. The United States District Court for the Western District of Pennsylvania dismissed the claims against Beazer and the other defendants on the grounds that DEP's claims were not brought within the three-year statute of limitations for removal actions under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"). The United States Court of Appeals for the Third Circuit affirmed.

Commonwealth of Pennsylvania Department of Environmental Protection v. Beazer East Inc., et al., Case No. 09-cv-01123 (W.D. Pa.); 13-1209 (3d Cir.)

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