RECENT FEDERAL DECISIONS

April 2004

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Ninth Circuit Holds that Cost Recovery under CERCLA Begins to Run with Adoption of Final Remedial Action Plan
California v. Neville Chemical Company

The Ninth Circuit Court of Appeals recently held that the statute of limitations for suits to recover costs pursuant to § 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) did not begin to run until the state adopted the final remedial action plan (RAP) for a site undergoing cleanup.