Sec. 11.5. (a) As used in this chapter, "person" has
the meaning set forth in IC 34-6-2.1-149(b).
(b) Subject to subsections (c), (d), and (e), a person may seek to
recover the following in an action brought on or after the effective date
of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs
incurred for a removal action, a remedial action, or a corrective action:
(1) The costs incurred not more than ten (10) years before the date
the action is brought, even if the person or any other person also
incurred costs more than ten (10) years before the date the action
is brought.
(2) The costs incurred on or after the date the action is brought.
(c) Costs are eligible for recovery under subsection (b) regardless
of whether any part of the costs is incurred before the effective date of
this section.
(d) This section does not permit a person to revive or raise new
claims in an action brought under IC 13-30-9-2 or IC 13-23-13-8(b)
that was finally adjudicated or settled before the effective date of this
section.
(e) Any person that brought an action under IC 13-30-9-2 or IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the
effective date of this section may not amend that action, or bring a new
action, under this section.
As added by P.L.154-2011, SEC.4. Amended by P.L.186-2025,
SEC.177.
Notes of Decisions
Schuchman/Samberg Investments, Inc. v. Hoosier Penn Oil Co. Inc., 58 N.E.3d 241 (Ind. Ct. App. 2016).
· cites it 8× “In 2011, the General Assembly enacted I.C. § 34-11-2-11.5, which provides in pertinent part that: (b) Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date of this section under IC 13-30-9-2 or IC…”
Bernstein v. Bankert, 733 F.3d 190 (7th Cir. 2012).
“That changed in 2011, when the Indiana General Assembly enacted Ind.Code § 34-11-2-11.5. That section states, inter alia: (b) Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date of this section…”
Peniel Grp., Inc. v. Bannon, 973 N.E.2d 575 (Ind. Ct. App. 2012).
· cites it 2× “We note that regarding claims brought under Indiana Code section 13-30-9-2, Indiana Code section 34-11-2-11.5 (eff. May 10, 2011) provides: (b)Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date…”
Norman Bernstein v. Patricia Banker, 702 F.3d 964 (7th Cir. 2012).
“That changed in 2011, when the Indiana General Assembly enacted Ind.Code § 34-11-2-11.5. That section states, inter alia: (b) Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date of this section…”
Refined Metals Corp. v. Nl Indus., Inc. (S.D. Ind. 2020).
· cites it 7× “2 Prior to 2011, courts looked to other provisions of Indiana law to determine the applicable statute of limitations in a particular ELA action, which varied depending on the nature of the underlying claim.”
Hostetler v. Johnson Controls Inc (N.D. Ind. 2021).
· cites it 4× “Indiana Code § 34-11-2-11.5 provides a 10-year window to sue from the time of incurring the costs of removal; it also states that the costs incurred after the lawsuit was filed can also be recovered.”
— Ind. Code § 34-11-2-11.5(b) — 2 cases
— Ind. Code § 34-11-2-11.5(b)(2) — 1 case
Hostetler v. Johnson Controls Inc (N.D. Ind. 2021).
“Indiana Code § 34-11-2-11.5 provides a 10-year window to sue from the time of incurring the costs of removal; it also states that the costs incurred after the lawsuit was filed can also be recovered.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.