Mar 3, 2021

U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case

Superfund limitation

The U.S. Supreme Court is set to issue a decision in a Superfund cost recovery case which could provide clarity on whether non-Superfund settlements can start the clock on Superfund’s contribution claims’ statute of limitation.  In the underlying case, the U.S. struck a deal with Guam under the Clean Water Act in 2004 requiring the territory to stop waste in the formerly Navy owned ORDOT Dump from leaching into adjacent rivers.  Guam ended up with remediation costs of $160,000,000 for the clean-up of the dump, but waited too long to try to recover those costs from the U.S. Government, the… Read more

Dec 18, 2019

Landlords Beware: The Georgia Supreme Court Rules on Contractual Limitations Periods in Lease Agreements

Blog_Lease Agreement

Drafters and landlords beware when drafting a contractual limitations period for legal actions in a lease that attempts to limit when both contract and tort actions can be brought by a tenant. The Georgia Supreme Court in Langley v. MP Spring Lake, LLC, No. S18G1326, 2019 WL 5301853 (Ga. Oct. 21, 2019), considered whether a provision in a lease agreement requiring “any legal action” to be brought within a year included premises liability actions and whether such a clause would be enforceable if it did. Without deciding the issue of enforceability, the Supreme Court held that the limitations provision as… Read more

Jan 16, 2019

No Time Bar for Injunctive Relief for New Source Review Violations, 5th Circuit Rules

Clean Air Act: Smog vs. Clear Day

On October 1, the U.S. Court of Appeals for the 5th Circuit held that there is no statute of limitations applicable to an EPA enforcement action for injunctive relief for violations of the  New Source Review (NSR) requirements in the Clean Air Act. United States v. Luminant Generation Co., No. 17-10235, (5th Cir., October 1, 2018). Injunctive relief could include forcing emissions cuts from the air emission sources involved. Even though financial penalties are precluded by the 5-year statute of limitations in enforcement actions for NSR violations that occurred more than 5 years before suit was filed, the Court ruled that… Read more