• New Developments in Cost Recovery and Contribution Actions Under CERCLA
  • May 14, 2008
  • Law Firm: Roetzel & Andress, A Legal Professional Association - Akron Office
  • Under CERCLA §113(g)(2)(A), an initial action for recovery of costs must be commenced for a removal action within three (3) years after the completion of the removal action. Under CERCLA §113(g)(2)(B), an initial action for recovery of costs must be commenced within six (6) years after initiation of physical on-site construction of the remedial action. Now, the Sixth Circuit Court of Appeals has held that parties who perform a cleanup under a consent decree with the government must institute recovery of their cleanup costs from other potentially responsible parties ("PRP") within three (3) years of the issuance of the consent decree. See RSR Corp. v. Commercial Metals Co., 2007 WL 2048925 ("RSR Corp").