Bethpage Water District v. Northrop Grumman Corp., No. 16-2592 (2d Cir. 2018)Annotate this Case
The Second Circuit affirmed the district court's grant of a motion for partial summary judgment dismissing plaintiff's claims of nuisance, trespass, and negligence arising from water contamination as barred by the statute of limitations. The court held that the statute of limitations began to run when the water district learned of the potential need to remediate, or at least when a reasonable water provider would have taken action to protect the water. In this case, the court agreed with the district court that the record established as a matter of law that the water district had suffered injury and was aware of that injury before November 2010. Therefore, the water district's claims for damages arising from contamination of Plant 4 was barred by the statute of limitations. Furthermore, the water district's claims regarding radium were also time-barred where there was a seven year gap between the discovery of the injury and the discovery of the source of the injury.