On July 21, 2016, New York Governor Andrew Cuomo signed into law Assembly Bill No. A09568A. The new legislation amends the New York Civil Practice Law and Rules (N.Y. CPLR) and affects the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a Superfund site.

The law went into effect July 21, 2016.

N.Y. CPLR is amended by adding a new section 214-f which allows an action to recover damages for personal injury caused by contact or exposure to substances within a Superfund site to be commenced within the later of either:

This amendment was a direct response to the recent water contamination crises in Hoosick Falls, New York and Flint, Michigan. Without this amendment, the statute of limitations had long since run on many personal injury actions before any contamination was ever discovered.

The new amendment gives injured individuals an opportunity to bring actions that were previously time-barred. However, the language of the statute is far-reaching, allowing for individuals to bring actions for any substance found on Superfund sites, whether the sites are already maintained or closed.

Potentially responsible parties (PRPs) should be aware of their increased risk of liability for personal injury resulting from state or federal superfund cleanups. PRPs may wish to mitigate this risk by proactively engaging with state and federal environmental agencies to address site contamination voluntarily without a Superfund listing.