Attorneys Jackie Cowin and Gregg Corbo secured Summary Judgment in favor of the Town of Plymouth in a suit brought by the County of Plymouth for alleged harm arising from the Town’s prior operation of a landfill on property owned by the County. The Town had operated the landfill, which was closed in 1972, pursuant to a lease with the County. The County brought its lawsuit under General Laws Chapter 21E, the Oil and Gas Hazardous Material Release Prevention and Response Act. In its lawsuit, the County sought a declaration from the Court that the Town is liable for any harm the County has already suffered due to a release of methane gas from the landfill which occurred in 2001, and that the Town would be liable in the future for any harm the County may suffer due to further releases of hazardous materials from the landfill, which have not yet occurred. The Superior Court (Chin, J.) agreed with the arguments made by Cowin and Corbo that the County has not suffered any harm due to the release of methane gas in 2001, which the Town has fully remediated under the supervision of DEP, and that the Town cannot be held liable for potential harm that may or may not occur in the future, as such harm is speculative, and dismissed the County’s lawsuit.
