Friday, January 16, 2015

LWD PRP Group v. Alcan Corp.

<> LWD PRP Group v. Alcan Corp. - 1/14/15. Unpublished opinion. In the U.S. Court of Appeals, Sixth Circuit, Case No. 14-5730. Appealed from the Western District of Kentucky at Paducah.
     The case deals with a party's effort to obtain reimbursement for the costs of cleaning up a Superfund site in Calvert City, Kentucky. The appeal presents a particular legal question: whether the three year statute of limitations for contribution
actions after an administrative settlement to perform a removal action. . . begins running when the settlement becomes effective or begins running when the removal action is completed.
     The district court agreed with Plaintiff-Appellee that the statute of limitations for such claims runs from the completion of the removal action. The Appeals Court reversed the decision indicating the 3-year time limit begins running when the settlement becomes effective.