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CALIFORNIA EX REL. DEPT. OF TOXIC v. NEVILLE CHEM.

No. 02-56506.

358 F.3d 661 (2004)

State of CALIFORNIA, on behalf of the CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff-Appellee, v. NEVILLE CHEMICAL COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2004.

Attorney(s) appearing for the Case

Terry Anastassiou, Ropers, Majeski, Kohn & Bentley, San Francisco, California, for the defendant-appellant.

Bill Lockyer, Atty. Gen. of State of California, Richard Frank, Chief Asst. Atty. Gen., Theodora Berger, Senior Asst. Atty. Gen., Donald Robinson, Supervising Deputy Atty. Gen., Laurie A. Oearlmanm, Deputy Atty. Gen., Harrison M. Pollak, Deputy Attorney General, State of California, Oakland, CA, for the plaintiff-appellee.

Before: Harry PREGERSON, Ferdinand F. FERNANDEZ, and Marsha S. BERZON, Circuit Judges.

Argued and Submitted November 3, 2003 — Pasadena, California.

OPINION

BERZON, Circuit Judge:

The issue before us presents a question of statutory interpretation: Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), when does the limitations period for suing to collect remedial action costs from a party responsible for hazardous substances begin? One would expect a fairly straightforward answer to that question...

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