State of New York v. Next Millennium Realty

The State filed suit against defendants under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq. The State sought to recover costs incurred in investigating and addressing groundwater contamination in the Town of Hempstead caused by pollution emanating from the New Cassel Industrial Area (NCIA). The district court granted defendants' motion for summary judgment and dismissed the action as time-barred by the six year statute of limitations governing suits to recover costs for remedial actions under section 9613(g)(2)(B). The court held that the cleanup activities here were implemented as removal measures and continued to be removal measures at all relevant times. Accordingly, the district court erred in applying the statute of limitations for remedial rather than removal actions. The court vacated the judgment of the district court and remanded for further proceedings. View "State of New York v. Next Millennium Realty" on Justia Law