First-Time Superfund Ruling Could Affect Cleanup Cost Recovery Decisions

A first-time ruling by a federal circuit court that broadly interprets when a Superfund “bare-bones” declaratory judgment triggers the law’s statute of limitations for contribution claims is drawing attention from environmental attorneys, who say it could affect strategic decisions related to recovering cleanup costs at contaminated sites. The U.S. Court of Appeals for the 6th Circuit ruled April 25 in long-running contribution-cost recovery litigation under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) over polychlorinated biphenyl (PCB) cleanup of...