By Amanda Pampuro | Courthouse News
Finding an oil company’s suit timely if categorized as a contribution action, the 10th Circuit on Wednesday revived a claim asking for a century-old mine’s previous owner to pitch in on a $63.7 million environmental cleanup bill.
“Actions for contribution and cost recovery entail separate statutes of limitations,” wrote U.S. Circuit Judge Robert Bacharach in a 15-page opinion. “Choosing between the two options, the district court applied the statute of limitations for cost-recovery actions. We disagree, concluding that the limitations period for contribution actions should apply.”
Atlantic Richfield Company initially sued NL Industries in 2020, seeking to recoup cleanup costs for silver mines in southwest Colorado under the Comprehensive Environmental Response Compensation and Liability Act of 1980. The company filed an amended complaint in May 2022, following a settlement with the government.