Burley v. Burlington Northern & Santa Fe Railway Co.

¶1 The United States District Court for the District of Montana certified the following question to this Court:

¶2 With respect to the continuing tort doctrine, does Montana law, as applied to the facts set forth in Magistrate Judge Ostby’s Findings and Recommendations, toll the statute of limitations for property damage claims of nuisance and/or trespass resulting from contamination which has stabilized, continues to migrate, and is not readily or easily abatable?

¶3 Claims related to property contamination that involve issues of statutes of limitations, continuing torts, and the nature of…