Second Circuit Clarifies That There Can Be More Than One Remedial Action Under CERCLA For Statute of Limitations Purposes
August 4, 2020
Stephen D. Daly
MGKF Litigation Blog
In MPM Silicones, LLC v. Union Carbide Corporation, the U.S. Court of Appeals for the Second Circuit held that there can be more than one “remedial action” at a site under certain circumstances for the purpose of determining the statute of limitations under CERCLA. Dkt. No. 17-3468(L), 17-3669(XAP) (2d Cir. 2019). The decision clarified a statement in a prior decision by the Second Circuit that had suggested otherwise.
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