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Pflanz v. Foster

ELR Citation: 38 ELR 20158
Nos. No. 36S01-0710-CV-425, (Ind., 06/19/2008)

The Indiana Supreme Court held that landowners who incurred costs remediating contamination from leaking underground storage tanks may go forward with their state-law contribution claim against the prior owners under the Indiana Underground Storage Tanks Act. The 10-year statute of limitations does not begin to run until the owner is ordered to clean up the property, regardless of whether the owner earlier knew or should have known about the need for cleanup. Because the state didn't order the landowners to pay for the environmental cleanup costs until 2001, they filed their contribution claim well within the 10-year statute of limitations.