Soil or groundwater cleanups can take a long time. When one person conducts the cleanup and another has an interest in its completion, the two can disagree over the pace of the project. That is typically a three-party issue involving the regulator—for example, the Environmental Protection Agency or the Department of Environmental Protection. Resolving the dispute by litigation poses challenges. Last month, the Commonwealth Court offered some guidance on some of these challenges in Delaware Riverkeeper Network v. Department of Environmental Protection, No. 525 M.D. 2017 (Pa. Commw. Ct. July 25, 2018), permitting citizen suit claims against the DEP to obtain a faster cleanup and a direct claim under the Environmental Rights Amendment.

Read more