Philadelphia Electric Company v. Hercules, Inc.
United States Court of Appeals for the Third Circuit
762 F.2d 303 (3d. Cir. 1985)
After chemical manufacturer PICCO sold its plant property (later assumed by Hercules, defendant) through an intermediate owner to Philadelphia Electric Company (PECO, plaintiff), which had a full opportunity to inspect the property before purchase, state environmental regulators discovered resinous contamination seeping into the Delaware River and ordered PECO to clean it up at a cost of $400,000. PECO sued Hercules for private and public nuisance, and the district court ruled for PECO and enjoined further pollution; Hercules appealed.
Whether a purchaser of land may maintain a successful nuisance action against the seller for contamination on the land caused by the seller.