Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

What should I do if the PRP’s lawyer asserts the statute of limitations has run on the Department’s ability to bring a claim against the PRP?

April 26, 2017ability asserts bring claim Department Lawyer limitations run Statute

0

Posted

What should I do if the PRP’s lawyer asserts the statute of limitations has run on the Department’s ability to bring a claim against the PRP?

1 Answer

0

Posted

First consult with your OGC attorney. He or she will be able to properly assess the facts. However, the short answer is there is not statute of limitations for continuing violations. So long as the contamination remains on the property and has not been cleaned up, the Department may still seek to enforce the cleanup statutes against the PRP.