Georgia Pacific Seeks Supreme Court Review of CERCLA Statute of Limitation

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Georgia Pacific is filing a petition with the U.S. Supreme Court seeking to clarify the appropriate application of CERCLA’s statute of limitation to contribution actions. In the underlying case, the U.S. District Court in Georgia Pacific, et al. v. NCR Corp., held that the three-year statute of limitation for contribution actions under Section 113 begins to run against parties who are not named in the original Consent Order with the U.S. EPA. Georgia Pacific is seeking clarification that the three-year statute of limitations does not run against parties who are not identified as responsible parties by the U.S. EPA, and made a party to a response action. If Georgia Power is successful, the thee-year statute of limitation would not begin to run against parties who have not been adjudicated liable under a CERCLA cost recovery action. 

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