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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