Sixth Circuit: Long-Litigated Superfund Claims Barred by Statute of Limitations

On April 25, 2022, the U.S. Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) in Georgia-Pacific Consumer Products LP et al. v. NCR Corp. NCR is the latest in a long line of cases stemming from PCB contamination related to carbonless copy paper manufacturing and recycling. In NCR, the court concluded that the claims of Georgia Pacific (GP) against NCR, International Paper, and Weyerhaeuser for costs stemming from a series of administrative settlements and court judgments were barred by CERCLA’s statute of limitations. (more…)