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Settling Parties’ Superfund Suit Reinstated;
Claims Don’t Stem From Years-Old Agreement

June 8, 2015, 4:00 AM

A cost recovery suit by a group of parties that settled their Superfund liability with the Environmental Protection Agency, filed more than four years after completion of a cleanup under the agreement, isn’t time-barred because the plaintiffs are seeking to recover costs unrelated to the settlement, the Western District of Kentucky said (LWD PRP Group v. ACF Ind. LLC, 2015 BL 176149, W.D. Ky., 12-CV-127, 6/4/15).

The court reversed June 4 its earlier dismissal order, finding the claim by the settling parties, LWD PRP Group, not time-barred.

The LWD Incinerator site is part of a Superfund site...

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