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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 4 posts in Statute of Limitations.

Vermont’s Statewide MTBE Claims Time-Barred

In an opinion that reinforces the importance of the statute of limitations to defendants, the Vermont Supreme Court upheld a trial court’s decision that the State’s claims of a “generalized injury” from methyl tertiary butyl ether (“MTBE”) groundwater contamination were time-barred under Vermont law. See State of Vermont v. Atlantic Richfield Co., 2016 VT 61 (May 27, 2016).  The State brought suit in 2014, alleging that gasoline refiners and marketers were liable for knowingly distributing gasoline containing the oxygenate, which then leaked into groundwater across the state. Read More ›

Nuisance Claims for Injunctive Relief Not Barred by New York’s Statute of Limitations

In a case that highlights the importance of careful pleading in toxic tort cases, a New York federal court revived a landowner’s nuisance claim related to gasoline contamination, to the extent the Plaintiff sought injunctive relief.  See Plumbing Supply, LLC v. ExxonMobil Oil Corp., 14-cv-3674 (S.D.N.Y. May 27, 2016). Read More ›

New York Extends Statute of Limitations for Personal Injury Damages Caused by Contamination from Superfund Sites

On July 21, 2016, New York Governor Cuomo signed into law New York State Assembly Bill No. A09568, which amends the statute of limitations for filing actions to recover damages for
personal injury caused by contamination from Superfund sites.  The legislation is a result of public concern about the discovery of water contamination in Hoosick Falls, New York, and  Flint, Michigan. Read More ›

California Court Dismisses Non-Residents’ Decades-Old Toxic Exposure Claims

California’s preferential treatment towards its own residents was put to the test recently when thousands of Filipino citizens sought redress in California courts for 30-year-old products liability claims. Dismissing plaintiffs’ action, a state trial court held that their claims were not timely filed nor did they meet the requirements under the equitable tolling doctrine to extend the statute of limitations period.   Read More ›