9th Circuit Overturns Ruling Finding ASARCO’s Cleanup Contribution Suit Untimely

(August 14, 2017, 3:08 PM EDT) -- SEATTLE — A Ninth Circuit U.S. Court of Appeals panel on Aug. 10 reversed a federal judge in Montana’s ruling that a contribution lawsuit brought under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act was barred by the statute of limitations, holding that American Smelting and Refining Co. LLC’s (ASARCO’s) claim did not arise until the entry of a 2009 consent decree with the U.S. Environmental Protection Agency (ASARCO v. Atlantic Richfield Company, No. 14-35723, 9th Cir., 2017 U.S.  App. LEXIS 14781)....