Sixth Circuit Finds Declaratory Relief Judgment Sufficient to Trigger 113(f)(1) Claim
April 29, 2022
Brandon P. Matsnev
MGKF Litigation Blog
In Georgia-Pacific Consumer Products LP v. NCR Corporation, the Sixth Circuit confronted a novel question concerning CERCLA’s statutes of limitations: whether a bare declaratory judgment on liability triggers the Section 113(g)(3) three-year limitations period for a contribution claim brought under Section 113(f)(1). The first circuit court to address this issue, the Court answered in the affirmative.