Second Circuit Clarifies That There Can Be More Than One Remedial Action Under CERCLA For Statute of Limitations Purposes – update from Manko Gold Katcher Fox

August 4, 2020Stephen D. DalyMGKF Litigation Blog

In MPM Silicones, LLC v. Union Carbide Corporation, the U.S. Court of Appeals for the Second Circuit held that there can be more than one “remedial action” at a site under certain circumstances for the purpose of determining the statute of limitations under CERCLA. Dkt. No. 17-3468(L), 17-3669(XAP) (2d Cir. 2019). The decision clarified a statement in a prior decision by the Second Circuit that had suggested otherwise.

Read the full blog post.