The Paoli Rail Yard covers about 30 acres in Paoli, Pennsylvania, and consists of an electric train repair facility owned by Amtrak and operated by Philadelphia-based Southeastern Pennsylvania Transportation Authority (SEPTA). Prior to Amtrak’s acquisition of the property, the site was owned by the Pennsylvania Railroad Company from 1939 until 1967, Penn Central Transportation until 1976, and Conrail until 1982. All previous owners are now defunct. In 1979, a toxic chemical known as PCB was discovered in the rail yard and the EPA declared the yard a Superfund site. The EPA then began the remedial enforcement process and brought an action against potentially responsible parties.

CASE QUESTIONS

1. Do any of the prior owners of the rail yard have PRP liability?

2. Could SEPTA or Amtrak have taken action to avoid liability? Explain.