Utility Easements and Environmental Liability Under the Recent Decision of the Pennsylvania Commonwealth Court in Western Pennsylvania Water Company

It has long been a common and recognized practice for utilities to obtain perpetual easements across property in order to provide service to customers. In a recent decision with far-reaching implications, the Commonwealth Court of Pennsylvania held that a utility which acquired a perpetual easement for the installation of a water line can be completed to take corrective action to address pre-existing contamination discovered within the easement property. The court held that a permanent easement for installation of a water line is a sufficient interest in land to bring to public utility owner of easement within the scope of Section 316 of the Clean Streams Law.