On September 25, 2018, the US District Court for the Southern District of Indiana (Judge Sarah Evans Barker) (“district court”) issued an opinion in Refined Metals Corporation v. NL Industries, Inc., Civil Action No. 1:17-cv-02565-SEB-TAB, dismissing all federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims as time barred under Fed. R. Civ. P. 12(b)(6). It found that a 1998 consent decree resolved, at least in part, plaintiff Refined Metals Corporation’s (“Refined Metals”) liability to the United States and the state of Indiana, thereby triggering the three-year statute of limitations period found in CERCLA section 113(g)(3)(B). The decision has been appealed to the Seventh Circuit by Refined Metals.
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