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Quote of the Day - If there is no hell, a good many preachers are obtaining money under false pretenses. - William A. ("Billy") Sunday

Is Your Statute of Limitations Running?

Some people say that the nation's toxic cleanup law, CERCLA, has no statute of limitations. To some degree, that's true. Liability can extend far into the past.

But, now we have an answer on when you can be sued after someone (the USEPA, a working group of PRPs) spends money to cleanup toxic contamination.

And behind door number two, the answer is: The limitations period for bringing an initial suit for recovery of remedial action costs under CERCLA cannot accrue until after the final
adoption of the remedial action plan required by the statute. Got that? But don't rush out there, it takes a long time to approve a RAP.

Here's a bit of history on the topic, and the Ninth Circuit's decision. Essentially, the statute doesn't run for a long time, but it does run.

Maybe you should go out and catch it.

Posted by J. Craig Williams on Tuesday, February 17, 2004


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