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Tenth Circuit Applies Statute of Limitations That Is “Closest Fit” in CERCLA Action, Overrules Earlier Precedent

Last month in Atlantic Richfield Company v. NL Industries, the Tenth Circuit Court of Appeals held that plaintiff Atlantic Richfield’s action under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) was timely, reversing the District Court’s determination applying the statute of limitations for cost recovery actions and granting summary judgment to the defendant NL Industries entities on that basis.

Read the full blog post.