Judge declines to find Sequa's $12.5-million claim against Sun Chemical time-barred due to agreement with NJDEP

摘要

Without comment, U.S. Judge Madeline Cox Arleo of the District of New Jersey declined on Dec. 23 to accept Sun Chemical Corp.'s argument that plaintiff Sequa Corp.'s remediation agreement with the New Jersey Department of Environmental Protection time-bars Sequa's $12.5-million cost recovery claim with respect to contamination at Sun's ink and pigment pilot plant in East Rutherford, New Jersey. (See issue of Aug. 15, 2014 P. 8.) Specifically, Sun Chemical argued that Sequa cannot, as a matter of law, assert a CERCLA cost recovery claim under Section 107 because Sequa is purportedly relegated to a CERCLA contribution claim under Section 113, which is time-barred.