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United States Second Circuit


Asarco LLC v. Goodwin, 13-3954

Dismissal of plaintiff's suit brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) seeking contribution for payments made to resolve certain environmental claims arising from the release of hazardous substances at two sites in Washington State is affirmed, where: 1) plaintiff sought contribution from the trustees of the residuary trusts created by the will of John D. Rockefeller Sr. alleging that the remediation costs were fairly attributable to the activities of corporations controlled by Rockefeller as owner and operator of the contaminated sites; 2) assuming without deciding that New York law permits the imposition of liability on testamentary beneficiaries in such circumstances, the district court properly dismissed plaintiff's direct contribution claims because they are barred by the applicable three‐year statute of limitations; and 3) plaintiff's subrogation claims were properly dismissed because plaintiff is not a subrogee.

Appellate Information

  • Decided 06/25/2014
  • Published 06/25/2014

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel

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