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Joslyn Manufacturing Company, LLC, et al. v. Valbruna Slater Steel Corporation, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2633, 18-2738 · judgment August 8, 2019
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
Question presented
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), contains two different statutes of limitations for suits to recover environmental clean-up costs: (1) a three-year limitations period for suits to recover “removal” costs; and (2) a six-year period for suits to recover “remedial” costs. See 42 U.S.C. § 9613(g)(2)(A), (B). The three-year period to seek removal costs starts when the removal work is completed; the six-year period to seek remedial costs starts when physical on-site remedial construction begins. The terms “removal” and “remedial” are defined terms under CERCLA. See 42 U.S.C. § 9601(23), (24). “Removal” activity generally consists of clean-up measures taken in response to immediate threats to public health and safety; “remedial” activity means “actions consistent with [a] permanent remedy.” 42 U.S.C. § 9601(24). The question presented is: Whether the six-year statute of limitations for “remedial” work is triggered, as the court of appeals held below, only when the construction of a permanent solution for environmental contamination meets a threshold level of comprehensiveness. (i)
Counsel of record
For petitioner
Carter G. Phillips
Sidley Austin LLP
For respondent
David L. Hatchett
Hatchett & Hauck LLP
Proceedings
- May 26 2020Petition DENIED.
- May 05 2020DISTRIBUTED for Conference of 5/21/2020.
- May 04 2020Reply of petitioners Joslyn Manufacturing Co., LLC and Joslyn Corp. filed. (Distributed)
- Apr 10 2020Motion to delay distribution of the petition for a writ certiorari granted. The petition will be distributed on the next distribution date after April 30, 2020, which is May 5, 2020.
- Apr 09 2020Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 22, 2020 to no earlier than April 30, 2020, submitted to The Clerk.
- Apr 05 2020Brief of respondents Valbruna Slater Steel Corp. and Fort Wayne Steel Corp. in opposition filed.
- Mar 16 2020Motion to extend the time to file a response is granted and the time is further extended to and including April 6, 2020.
- Mar 13 2020Motion to extend the time to file a response from March 23, 2020 to April 6, 2020, submitted to The Clerk.
- Feb 14 2020Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
- Feb 12 2020Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
- Jan 21 2020Petition for a writ of certiorari filed. (Response due February 21, 2020)
- Nov 27 2019Application (19A600) granted by Justice Kavanaugh extending the time to file until January 20, 2020.
- Nov 25 2019Application (19A600) to extend the time to file a petition for a writ of certiorari from December 5, 2019 to January 20, 2020, submitted to Justice Kavanaugh.