EPA v. TANK CAR CORPORATION OF AMERICA

Case summary

Tank Car Corporation of America (?TCCA?) and Liberty Mutual Insurance (?LM?) signed an insurance buyback agreement under which LM has agreed to pay the United States $975,000 in return for a release by TCCA from all insurance policies written by LM to TCCA. This is the second and final insurance buyback agreement brokered by the United States in this case. This first agreement, with Pennsylvania Manufacturers? Association Insurance Company, yielded $650,000 to the United States. Total unreimbursed costs at the Site were last calculated in June 2022 at $5,987,258.55. TCCA is the sole responsible party at the Site. Under a settlement between the United States and TCCA entered in the U.S. District Court for the Eastern District of Pennsylvania on December 6, 2016, TCCA (1) confessed to a Monetary Judgment of $14,009,329.48 in favor of the United States (this included approximately $8.3 million in estimated future costs); (2) irrevocably assigned to the United States all of its rights to proceeds under its insurance policies; (3) agreed to execute all necessary documentation to allow the pursuit and collection, by the United States, of any insurance claims against TCCA?s carriers relating to the Site; and (4) agreed to reasonably cooperate with and assist the United States in asserting and pursuing claims for coverage under the TCCA insurance policies and in negotiating or litigating claims under the policies. Since then, the Region determined that no further action would be taken at the Site and adjusted its estimated future cost figure downward.

Defendants (1)

• TANK CAR CORPORATION OF AMERICANamed in complaintNamed in settlement

Facilities (2)

• TANK CAR CORPORATION OF AMERICA

  1725 WALNUT AVENUE, ORELAND, PA, 190750030

  Registry ID: 110028260628

• TANK CAR CORPORATION OF AMERICA

  1725 WALNUT AVENUE, ORELAND, PA, 19075

  Registry ID: 110028260628

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• TANK CAR CORPORATION OF AMERICAentered 2016-12-06

  Primary law: CERCLA

• TANK CAR CORPORATION OF AMERICAentered 2025-01-10

  Primary law: CERCLA

Timeline (5 milestones)

• 2014-09-25Referred To Dept Of Justice
• 2014-09-30Enforcement Action Data Entered
• 2016-09-20Complaint Filed With Court
• 2025-01-10Final Order Lodged
• 2025-01-10Final Order Entered