ASARCO LLC v. Union Pacific Railroad

BRISCOE, Chief Judge.

The plaintiff, ASARCO LLC (“ASAR-CO”), appeals the district court’s dismissal of its complaint. ASARCO sought contribution from Union Pacific Railroad Company, Union Pacific Corporation (collectively “Union Pacific”), Pepsi-Cola Metropolitan Bottling Co., Inc., and Bottling Group, LLC (collectively “Pepsi”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The district court ruled that ASARCO’s direct contribution claim was time-barred under CERCLA § 113 (42 U.S.C. § 9613); that post-bankruptcy ASARCO was not a subrogee of…