Mealey's Toxic Tort/Environmental - Judge Adopts Magistrate's Finding That Cost-Recovery Claim Is Timely

BUFFALO, N.Y. - A federal judge in New York on March 31 adopted a magistrate judge's report and recommendation finding that NL Industries Inc.'s claim for cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) is timely because a second phase of work to remove contamination from the Village of Depew, N.Y., Superfund site was a continuation of the initial remedial action (NL Industries Inc. v. ACF Industries, et al., No. 10-CV-89, W.D. N.Y.; 2014 U.S. Dist. LEXIS 43979).

Access this news story on®