Nov 5, 2026
Idaho District Court Reiterates Distinction Between Remedial and Removal Actions Under CERCLA – Update from Manko Gold Katcher Fox
November 5, 2026
Natalia P. Teekah
MGKF Litigation Blog
A question frequently arises under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) as to which statute of limitations applies to cost-recovery actions depending on whether the action for which recovery is sought is a removal or remedial action. The United States District Court for the District of Idaho in October held that construction of asphalt and vegetative barriers under the site’s approved remedial action plan constituted initiation of a remedial action for purposes of making this determination, thereby adding to the body of law concerning this question.