On June 23, 2016, we wrote about legislation that had passed both the New York State Assembly and New York State Senate that would allow people to bring a timely personal injury claim arising from claimed exposure to contaminants within three years of a site’s designation as either a Federal or New York State Superfund Site.

On July 21, 2016, Governor Andrew Cuomo signed this legislation into law as Chapter 128 of the laws of 2016.

As we previously mentioned, this new law could create an incentive for the New York State Department of Environmental Conservation to be more aggressive in the listing of new sites. Also, as every new Superfund Site designation in New York now opens up the possibility of previously time-barred suits becoming viable, a PRP’s response strategy to known or suspected contaminated sites will be as important as ever.