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statute of limitations

Sierra Club v. Oklahoma Gas & Electric Co.

ELR Case

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-...

Graham v. Consolidated Coal Co.

ELR Case

A district court dismissed property owners' lawsuit against a mining company for unlawfully diverting excess wastewater into underground mine voids located beneath their land. Although the owners filed suit after the statute-of-...

Morristown Assocs. v. Grant Oil Co.

ELR Case

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill...

NL Industries, Inc. v. ACF Industries

ELR Case

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company,...

In re Methyl Tertiary Butyl Ether

ELR Case

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged...

Broussard v. Chevron USA, Inc.

ELR Case

A district court held that it would not waive the statute of limitations in a breach of contract case filed by the heirs of a cattle rancher against an oil company for contaminating the rancher's property. The suit stems from the...

Land O'Lakes v. Employers Insurance Co. of Wausau

ELR Case

The Eighth Circuit affirmed a lower court decision that insurers had no duty to defend or indemnify an oil refinery in an underlying CERCLA lawsuit filed against it by EPA. EPA sent the refinery a letter in 2001 notifying it that it was...

United States v. EME Homer City Generation, L.P.

ELR Case

The Third Circuit affirmed a lower court decision dismissing the U.S. government's lawsuit against the current and...

United States v. Midwest Generation, LLC

ELR Case

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired...

Stockton Citizens for Sensible Planning v. Stockton, City of

ELR Case

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws....