Law360 Quotes Paul Gutermann on Statute of Limitations Shield for MetEd in Clean Air Act Suit

Akin Gump partner Paul Gutermann, who heads the firm’s environment practice, was quoted by Law360 for its article “Metropolitan Edison Escapes NJ's Clean Air Act Suit,” which reported that Metropolitan Edison Co. was granted summary judgment by a Pennsylvania federal judge who found that the applicable statute of limitations barred claims against the company.

Gutermann, who represents MetEd, noted that the ruling is a significant one that applies the February 2013 U.S. Supreme Court ruling in Gabelli, et al. v. SEC that the five-year clock for the statute of limitations is not subject to the “discovery rule.”  He noted, “The decision means that power plant owners and operators cannot be subject to civil penalties for any maintenance project that occurred more than five years before the EPA enforcement action or CAA citizen suit is filed.”