Showing posts with label Petroleum Discharge. Show all posts
Showing posts with label Petroleum Discharge. Show all posts

Wednesday, January 15, 2020

Statute of Limitations for Actions Brought by New York State for Recovery of Costs of Cleanup/Removal of Discharged Petroleum

Question:  What is the statute of limitations for an action brought by New York State against a property owner to recover cleanup and removal costs for a petroleum spill/discharge?

Two cases provide the rule:
“When the State has expended moneys from the New York Environmental Protection and Spill Compensation Fund for the cleanup and removal of discharged petroleum, an action for common-law indemnity lies against any party who caused the discharge. Such an action is governed by a six-year Statute of Limitations and accrues upon any related expenditure by the State.”
From the first expenditure or from each expenditure?
From each expenditure.  “Thus, State of New York v Ackley (supra) clearly ruled that plaintiff's cause of action for indemnification accrues—and the six-year limitations period commences—each time the Fund makes a payment for cleanup and removal costs.”
Any costs expended within six years before the action’s commencement date are timely sued; any costs expended more than six years before the recovery action’s commencement date are time-barred.  The SOL is, in effect, sliding from each expenditure of cleanup/removal costs.

Dropping this here so I (and we) can find this SOL rule again.