U.S. says developer's §113 claim is time-barred nine years after U.S. and previous owner's consent order

摘要

The United States contended on July 7 that because developer Cranbury Brick Yard LLC waited more than nine years after entry of a consent judgment before filing a complaint with respect to 395 acres in Cranbury Towship, Middlesex County, its §113(g)(3) contribution claim is now time-barred. The case is in federal court for the District of New Jersey. According to the government, section 113(g)(3)(B)'s three-year limitation period governs all section 113(f) contribution claims, including CBY's claim under section 113(f)(3)(B), and that CBY's claim is therefore time-barred.