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IN RE PAOLI R.R. YARD PCB LITIG.

November 13, 1992

IN RE: PAOLI RAILROAD YARD PCB LITIGATION; THIS DOCUMENT RELATES TO: Mabel Brown
v.
Septa, et al., No. 86-2229; K. Louise Jones, et al. v. Septa, et al., No. 86-5277; James Lament v. Septa, et al., No. 86-5886; Christopher Brown, et al. v. Septa, et al., No. 86-7414; Margherita Barbetta v. Septa, et al., No. 86-7417; Mary Retta Johnson v. Septa, et al., No. 86-7418; John Ingram, et al. v. Septa, et al., No. 86-7561; William Butler, et al. v. Septa, et al., No. 87-2874; Matthew Cunningham, et al. v. Septa, et al., No. 87-5269


Kelly


The opinion of the court was delivered by: BY THE COURT; ROBERT F. KELLY

R.F. KELLY, J.

 NOVEMBER 13, 1992

 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

 ON PLAINTIFFS' PROPERTY DAMAGE CLAIMS

 This Motion concerns nine Plaintiffs who allege damage to their properties from the presence of polychlorinated biphenyls ("PCBs") in and around the Paoli Railyard (the "Yard") in Paoli, Pennsylvania. PCBs were an ingredient of the fire resistant dielectric fluid used in the electrical transformers attached to the underside of the railroad cars which were serviced and maintained at the Yard. Plaintiffs' expert, Barry Ludwig, opined that Plaintiffs' properties have been devalued as a result of being located near the Yard.

 Upon consideration of Defendants' Motion for Summary Judgment on Plaintiffs' property claims and all responses thereto, this Court makes the following Findings of Fact and Conclusions of Law:

 FINDINGS OF FACT

 1. In 1986, due to a perceived environmental threat, the United States Environmental Protection Agency ("EPA") excavated soil from certain residences near the Yard which was allegedly contaminated with PCBs. SEPTA by consent agreement with EPA has also undertaken remedial actions on the Yard itself.

 2. Plaintiffs' properties have been the subject of cleanup pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601 et seq.

 3. In 1987, EPA, SEPTA, Conrail and Amtrak entered into an Administrative Order by Consent under which a Remedial Investigation/Feasibility Study was conducted.

 4. In March of 1992, EPA published its Proposed Plan - Paoli Rail Yard Superfund Site ("Proposed Plan") in which it lists various alternative remedies for the areas of alleged contamination. Under this Proposed Plan, EPA has remediated and/or will remediate the alleged contamination on Plaintiffs' properties and the Yard. EPA is still in the process of cleaning up Plaintiffs' properties in order to further reduce the levels of PCBs in the soil.

 5. Plaintiffs admitted at their depositions that they have not incurred any costs associated with the remediation of their properties which has been undertaken by EPA through replacement of soil on the residential properties to reduce PCB levels.

 6. Not one Plaintiff claims to have sold property and received a lower price than he or she would have received if the property ...


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