Louisiana-Pacific Corp. v. ASARCO, Inc.

In this appeal we hold that the statute of limitations of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) does not preempt a Washington statute which prescribes the time within which a dissolved corporation retains its capacity to be sued. See Levin Metals Corp. v. Parr-Richmond Terminal Co., 817 F.2d 1448 (9th Cir.1987). Therefore, a suit filed against a dissolved corporation outside the period of the state corporate-capacity statute, but within the CERCLA statute of limitations, may not be maintained. We also hold that the district court did not abuse its discretion in denying the complainant’s motion to relate an amendment, naming the dissolved corporation as a defendant, back to the date of the filing of the original complaint. See Fed.R.Civ.P. 15(c).

FACTS AND PROCEEDINGS

In an opinion filed this date in a related appeal, case No. 92-35061, we held that AS-ARCO, Incorporated, appellant in this ease, is liable for response costs under CERCLA for the cleanup of copper slag at various sites in the State of Washington. 1 ASARCO sold the slag to Black Knight, Inc., a subsidiary of Industrial Mineral Products (“IMP”), a Washington corporation.…