Second Circuit Revisits Limitations Period for CERLCA Cost Recovery
A critical element of the CERCLA regime is a mechanism by which parties who have or will spend large sums of money remediating contamination at a site can attempt to recoup some or all of its costs from other parties alleged responsible for the contamination.
August 06, 2020 at 12:14 PM
8 minute read
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is frequently criticized for its imprecise drafting and the resultant difficulty in its implementation. A critical element of the CERCLA regime is a mechanism by which parties who have or will spend large sums of money remediating contamination at a site can attempt to recoup some or all of its costs from other parties alleged responsible for the contamination. Notwithstanding its reputation, the Superfund Amendments and Reauthorization Act of 1980 (SARA) clearly sets forth the statute of limitations periods for a party to commence such a lawsuit, with the applicable limitations period dependent upon the nature of the clean up.
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