Pa. Utility Can't Get Developer To Cover Stormwater Suit

Law360, New York (June 10, 2013, 6:17 PM EDT) -- A Pennsylvania federal judge on Monday tossed a complaint by Pittsburgh's water utility seeking indemnity from the developer of a $400 million downtown project in an environmental suit accusing the utility of failing to enforce stormwater permits tied to the development.

U.S. Magistrate Judge Robert C. Mitchell granted The Buncher Co.'s motion to dismiss the third-party complaint, agreeing that Buncher has no duty to defend the Pittsburgh Water and Sewer Authority in the ongoing suit that Citizens for Pennsylvania's Future launched last July alleging Pittsburgh and PWSA violated the Clean Water Act and Pennsylvania Clean Streams Law by allowing Buncher's mixed-use...

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