COMMENTARY
The environmental laws are full of provisions that could turn into large sources of liability but never do. One of those sleeping liabilities may have stirred last month. Pennsylvania Department of Environmental Protection v. Blue Chip Transportation, No. 153 C.D. 2012 (Pa. Commw. Ct. Dec. 13, 2012), was an action by the state to recover the costs of addressing the Starr tire pile. The Commonwealth Court considered the appeal of Larry Follweiler, a scrap-tire hauler who had brought tires to the Starr site and from whom the DEP now sought a proportionate share of the clean-up costs.
