Judge Dismisses State Law Cleanup Suit, Finds CERCLA Preempts Limitations Period

Mealey's (March 26, 2020, 1:27 PM EDT) -- INDIANAPOLIS  — A federal judge in Indiana on March 25 ruled that a lead smelting company’s inexplicable delay in filing a state law cleanup action lawsuit warranted its dismissal, finding that the state law’s statute of limitations period directly conflicts with the Comprehensive Environmental Response, Compensation, and Liability Act’s three-year limitations period (Refined Metals Corp. v. NL Industries Inc., No. 19-cv-4578-JMS-DLP, S.D. Ind., 2020 U.S. Dist. LEXIS 51512)....