October 03, 2019

Seventh Circuit Affirms that Resolution of CERCLA Liability Is Not Required to Trigger Contribution Rights under CERCLA Section 113(F)(3)(B)

Joel L. Herz

On August 22, 2019, the U.S. Court of Appeals for the Seventh Circuit (Judge Diane P. Wood) an opinion for a unanimous panel in Refined Metals Corp. v. NL Industries, Inc., No. 18-3235, 2019 U.S. App. LEXIS 25155 (7th Cir. Aug. 22, 2019), affirming the U.S. District Court for the Southern District of Indiana decision in Refined Metals Corp. v. NL Indus., No. 1:17-cv-02565-SEB-TAB, 2018 U.S. Dist. LEXIS 163988 (S.D. Ind. Sep. 25, 2018), that Refined Metals Corporation’s (Refined Metals) claims qualified as a “contribution action” under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and, as such, any claim was time barred by the three-year statute of limitation contained within section 113(f)(3)(B). 

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