NUISANCE-PUBLIC NUISANCE-LEAD PAINT

Atlantic Richfield Co. v. Cnty. of Montgomery, 2023 Pa. Commw. LEXIS 57 (May 5, 2023) (Ceisler, J.). Atlantic Richfield Company, E.I. du Pont de Nemours and Company, NL Industries, Inc., PPG Industries, Inc., and The Sherwin-Williams Company (together, Manufacturers) appeal from the October 15, 2021 Order of the Court of Common Pleas of Montgomery County (Trial Court) overruling their Preliminary Objections to the County of Montgomery’s (County) Second Amended Complaint in this public nuisance action. In its Second Amended Complaint, the County seeks a declaratory judgment that lead paint is a public nuisance under the common law as well as the Lead Certification Act (Certification Act), Act of July 6, 1995, P.L. 291, No. 44, 35 P.S. §§ 5901-5916. On appeal, the Manufacturers argue that the County’s proposed interpretation of the Certification Act is contrary to its plain language and legislative intent and that the County has failed to establish proximate causation under Pennsylvania tort law. Upon review, we reverse the Trial Court’s Order and remand to the Trial Court for the entry of an order dismissing the Second Amended Complaint.