The Supreme Court today decided not to wade into a dispute over the statute of limitations for recouping Superfund cleanup costs. In its petition, Joslyn Manufacturing Co. LLC had asked the justices to resolve "disparate tests" among the lower courts for triggering a six-year deadline for actions to recover remediation costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The 7th U.S. Circuit Court of Appeals found that Joslyn had to pay up. "The Seventh Circuit's decision runs counter to the statutory language and fails to provide parties with clarity and predictability over when a cost-recovery action accrues and ignores the practical reality of CERCLA clean-up efforts," Joslyn wrote in its petition last fall.
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