A cost recovery suit by a group of parties that settled their Superfund liability with the Environmental Protection Agency, filed more than four years after completion of a cleanup under the agreement, isn't time-barred because the plaintiffs are seeking to recover costs unrelated to the settlement, the Western District of Kentucky said June 4 (LWD PKP Group v. ACF Ind. LLC, 2015 BL 176149, W.D. Ky.( No. 12-CV-127, 6/4/15). The court reversed its earlier dismissal order, finding the claim by the settling parties, LWD PRP Group, not time-barred. The LWD Incinerator site is part of a Superfund site in Calvert City, Kentucky.
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