January 5, 2011
A Superior Court Judge ruled that the former Penn Central Railroad Company (now known as American Premier Underwriters, Inc.) must pay to clean-up property contaminated with PCBs that it sold to a building supply company in 1983.
The purchaser of the property subsequently discovered that the property was contaminated with polychlorinated biphenyls (“PCBs”). The purchaser, represented by Cohen Kinne, commenced a lawsuit against the former Penn Central Railroad Company seeking recovery under Massachusetts General Laws chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. This law is the Commonwealth’s counterpart to CERCLA, which is the federal Superfund law.
The Court granted Cohen Kinne’s request for a mandatory injunction directing the former Penn Central railroad to immediately pay for the clean up. The case settled shortly after the decision.
The decision was noted by environmental lawyers in the Commonwealth because there is no other known decision granting a mandatory injunction requiring an environmental clean-up under M.G.L. c. 21E.
Chris Hennessey and David Valicenti represented the property owner at the preliminary injunction hearing.
CONTACT: David Valicenti - 413-553-0403
Chris Hennessey – 413-553-0406