A third-party complaint filed by Lockheed Martin against the Pennsylvania Department of Conservation and Natural Resources became moot as it was under consideration by the U.S. Court of Appeals for the Third Circuit.
The case stemmed from a cost-recovery action under the federal Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, filed by the state Department of Environmental Protection for the $20 million cleanup of strontium-90, which Lockheed’s predecessor, Martin Marietta, used in work it did for the Atomic Energy Commission in the 1960s. That complaint was filed in 2009 for work that was performed by state agencies in the 1990s. Lockheed filed its third-party complaint against the state government and the DCNR, along with a counterclaim against the DEP.
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