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Home / Opinion Digests / CERCLA Won’t Save Surface Owners’ Suit (access required)

CERCLA Won’t Save Surface Owners’ Suit (access required)

Plaintiffs, who own property over portions of the Beatrice Mine in Buchanan County, Virginia, cannot rely on the CERCLA discovery rule to file their 2011 and 2013 lawsuits challenging another coal company’s activity draining water into the Beatrice Mine from 1994 to 2003, the 4th Circuit holds. Discovery rule Challenging the district court’s rulings, plaintiff mainly contend on ...