Delaware Court Says Coal Ash Disposal Case Subject to Dominican Statute of Limitations

摘要

Residents in the Dominican Republic bringing a lawsuit against Delaware-based electric power companies for improper disposal of coal ash are subject to the Dominican Republic's shorter statute of limitations, a state trial court has held (Calcano Pallano v. AES Corp., Del. Super. Ct., Nos. N09C-11-021, N10C-04-054,7/15/11). In its July 15 decision, the Delaware Superior Court for New Castle County said the alleged concealment of wrongdoing by the power companies may toll the running of the foreign jurisdiction's limitations period, however. AES Corp. and other power companies built a coal-fired power plant in Puerto Rico.