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Douglas Autotech Corp. v. Scott Fetzer Co.

ELR Citation: 38 ELR 20045
Nos. No. 1:07-cv-1062, (W.D. Mich., 01/23/2008)

A district court dismissed a property owner's claims for recovery of its response costs and a declaration of future liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §§107 and 113 against the former owner of the property. The statute of limitations precludes the owner's contribution action under CERCLA §107. The remediation action limitation under CERCLA §113(g)(2)(B), rather than the removal action limitation under §113(g)(2)(A), applies in this case due to the nature and scope of the remedial action plan used at the facility. Here, the limitations period under §113(g)(2)(B) began no later than December 17, 1992. It therefore expired six years later on December 17, 1998. This lawsuit, instituted in 2007, was filed far outside of the limitations period. The late discovery of additional contamination on the property does not provide a basis for extending the limitation period. Additionally, the owner's declaratory action under §113 of CERCLA is barred because §113 claims are subject to the same limitations period as the underlying §107 contribution claims.