When a responsible party agrees to clean up a contaminated site
under many programs, the government often demands that it provide
financial assurance for the completion of the work. When hazardous
substances will remain on the site, the site may require response
in perpetuity. Can one specify an amount of financial assurance to
secure the forever cleanup? Earlier this spring, the Pennsylvania
Commonwealth Court considered that question in a case involving
cleanup of a site in Ford City. See PennEnvironment v.
Department of Environmental Protection, No. 566 C.D. 2024 (Pa.
Commw. Ct. Mar. 11, 2025).
Sites cleaned up under the Pennsylvania Land Recycling and
Environmental Remediation Standards Act (Act 2), 35 Pa. Stat. Ann.
Sections 6026.101 to .908, often contain hazardous substances at
material concentrations indefinitely. One can, of course, achieve a
remediation standard by removing contamination so that remaining
concentrations are below statewide standards or
