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Posts tagged "Statute of Limitations"

Article 78 Challenge to SEQRA/CEQR NegDec Fails On Statute of Limitations Grounds

2019 06 17 blog 48 brooklyn-92695_640 pixabay.jpgIt's been 15 days: Do you know if your petition has been served?

Statute of Limitations Prevents Long Island Homeowners from Recovering Damages from Environmental Contamination

2018 04 09 Statue Limitations Blog Image.jpg

Tolling Agreements between PRPs Cannot Negate Settling PRP's Entitlement to Benefit of its Settlement

After settling with EPA and having its settlement upheld in court, a potentially responsible party (PRP) is free from liability to all other PRPs given notice of that proposed settlement under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund). This principle, long recognized as key to CERCLA's successful performance, was recently affirmed by the United States Court of Appeals for the Eighth Circuit in its ASARCO, LLC v. Union Pacific Railroad Company decision. 

Court Determines that All Remediation at a Superfund Site Constitutes One "Remedial Action"

How many remediation angels can dance on a single remediation pinhead? In the recent NL Industries v. ACF Industries ruling, a federal judge in the Western District of New York decided that, for the purposes of CERCLA cost recovery and declaratory judgment claims, all actions taken to clean up a Superfund site constitute one set of remedial actions, regardless of the number of "operable units" the site is divided into during the remediation.

Environmental Disaster Highlights the Need for TSCA Reform

Love Canal, New York; Cuyahoga River, Ohio; Times Beach, Missouri; Hopewell, Virginia; Three Mile Island, Pennsylvania. These are the sites of some of the worst environmental contamination in our nation's history. Each of these disasters drew significant public attention, and incited the political will to confront similar environmental hazards more systematically.

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