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105 Mt. Kisco Assoc. LLC v. Carozza

Citation: 47 ELR 20058
No. 15 Civ. 5346, (S.D.N.Y., 03/30/2017) (Roman, J.)

A district court held that a property owner could not sue for cost recovery under CERCLA in connection with a New York property where uranium was processed for the first atomic bomb because the claim was untimely. In December 2012, the plaintiffs purchased the property from one of the defendants on the advice of his business partner and co-defendant. The business partner knew of the site contamination but did not divulge the information before the plaintiffs purchased the property. In 2013, EPA investigated the site and found that it was indeed contaminated. The business partner concealed the investigation. The plaintiffs were informed of the contamination in 2015, ordered direct remediation of the property, and sued both the prior owner and business partner for recovery of costs associated with remediation. The court held that the claim was untimely under CERCLA's statute of limitations since remedial actions were taken more than three years before their claim by the previous property owner. The case was dismissed.