Suit Against Transformer Manufacturer Untimely
The United States District Court for the Southern District of Ohio recently issued a detailed opinion regarding the applicable statute of limitations in remedial and removal actions. In the American Premier Underwriters decision, plaintiff APU was the successor to Penn Central Company, and brought a CERCLA action against GE arising out of GE's manufacture of transformers used on Penn Central's rail cars at four rail yards in the 1970s. APU claimed that the GE transformers contaminated the rail yards by leaking PCBs. In addressing several argument raised by GE on summary judgment, the court provided a detailed overview of the statute of limitations applicable to claims brought pursuant to section 107(a) of CERCLA, and ultimately held APU's claims relative to the rail yards was untimely. The complete opinion can be found at American Premier Underwriters, Inc. v. General Electric Co., 866 F. Supp.2d 883 (S.D. Ohio 2012).