Georgia-Pacific Asks High Court To Review Superfund ‘Limitations’ Statute

November 16, 2022
Georgia-Pacific and two other paper companies are urging the Supreme Court to review a landmark appellate ruling that broadly interprets when a “bare bones” declaratory judgment triggers the statute of limitations clock for Superfund cost recovery actions, arguing that the ruling imposes “arbitrary and draconian” burdens on those responsible for site cleanup. “Left uncorrected, the Sixth Circuit’s atextual rule will impose arbitrary and draconian burdens on those who undertake environmental cleanups; incentivize a barrage of premature protective suits; and ultimately...

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