Magistrate Judge Says CERCLA Contribution Claim Untimely, Should Be Dismissed

(September 19, 2018, 10:45 AM EDT) -- NEW YORK — A federal magistrate judge in New York on Sept. 10 recommended dismissing with prejudice a land owner’s claim for contribution under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), finding that it was untimely because the three-year statute of limitations began to run when the plaintiff company entered into an Administrative Order of Consent (AOC) with the New York State Department of Environmental Conservation (NYSDEC) in 2007 (Brooklyn Union Gas Co. v. Exxon Mobil Corp., et al., Non. 17-CV-0045, E.D. N.Y., 2018 U.S. Dist. LEXIS 145903)....

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