The date when the statute of limitations begins to run has increasingly become a highly contested issue in demands for contribution under §113 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). Recently, the U.S. Environmental Protection Agency (USEPA) weighed in on this issue, submitting amicus briefs to the Sixth and Seventh Circuits, arguing that a bright-line rule should be implemented so the statute of limitations begins to run for a §113(f)(3)(B) contribution claim from the effective date of the Administrative Order on Consent (AOC). In both the Sixth and Seventh Circuits, the USEPA is taking an adverse position to settling parties that accepted cleanup obligations at Superfund sites.
The Superfund Amendments and Reauthorization Act of 1986 (SARA) of CERCLA created two distinct rights to contribution under 42 U.S.C. §9613(f)
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