CERCLA Claim – Time-barred

Listen to this article

7^th Circuit Court of Appeals

Case Name: Valbruna Slater Steel Corporation, et al. v. Josyln Manufacturing Company, et al.

Case No.: 18-2633; 18-2738

Officials: BAUER, HAMILTON, and ST. EVE, Circuit Judges.

Focus: CERCLA Claim – Time-barred

This case is about an on-and-off, decades-long effort to stop an Indiana steel mill’s pollution. Valbruna Slater Steel purchased the mill (or the “site”) in 2004, and it quickly got to work on needed, but costly, cleanup efforts. Valbruna then sued Joslyn Manufacturing Company, which last operated the site in 1981, to recover costs under both the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Indiana’s Environmental Legal Actions statute (ELA).

Joslyn’s fault is undisputed; its operation of the site started the pollution problems. But Joslyn defended itself in the district court on claim-preclusion, statute-of-limitations, and contribution grounds. The district court decided the CERCLA claim was not precluded, but the ELA claim was. It also decided the suit was timely. The district court, however, did impose equitable contribution on Valbruna, requiring it to pay for a quarter of the past and future costs incurred during the site’s cleanup. Joslyn appeals and Valbruna cross-appeals. We affirm across the board.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.