N. Pac. Ctr., Inc. v. BNSF Ry. Co.

The Northern Pacific Center incurred costs to reduce pollution on a property it owned in Minnesota, which had formerly been owned by BNSF Railway and used as a railcar construction and maintenance facility. The Center sued BNSF under the Minnesota Environmental Response and Liability Act (MERLA) to recover its costs. BNSF moved for summary judgment on the basis of MERLA's statute of limitations, which the district court denied. The district court subsequently granted summary judgment to BNSF on the merits, concluding that the type of costs the Center had incurred were not recoverable under MERLA. The Center appealed the adverse grant of summary judgment and BNSF cross appealed the district court's denial of summary judgment on statute of limitations grounds. The Eighth Circuit Court of Appeals (1) affirmed the grant of summary judgment to BNSF, holding that the costs the Center sought to recover were not removal costs and thus were not recoverable; and (2) dismissed BNSF's cross appeal as moot. View "N. Pac. Ctr., Inc. v. BNSF Ry. Co." on Justia Law