NY Superfund Suit Not Time-Barred, 2nd Circ. Says

Law360, Chicago (October 15, 2013, 4:10 PM EDT) -- The Second Circuit on Tuesday revived New York state’s lawsuit seeking to recover cleanup costs for groundwater contamination at a Superfund site in Nassau County, reversing a lower court’s ruling that the suit was time-barred.

The appeals panel found that a federal magistrate judge had erred in labeling the state’s cleanup efforts as “remedial actions," or measures to permanently eliminate hazardous wastes, which are subject to a six-year statute of limitations.

The judges ruled the state’s investigation of pollution at the North Hempstead, N.Y., site and...
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