Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994
Michigan Compiled Laws

Mich. Comp. Laws § 324.20140 (2026)

Limitation periods; effect of subsection (3).

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.20140 Limitation periods; effect of subsection (3).

Sec. 20140.

    (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is as follows:

    (a) For the recovery of response activity costs and natural resources damages pursuant to section 20126a(1)(a), (b), or (c), within 6 years of initiation of physical on-site construction activities for the remedial action selected or approved by the department at a facility, except as provided in subdivision (b).

    (b) For 1 or more subsequent actions for recovery of response activity costs pursuant to section 20126, at any time during the response activity, if commenced not later than 3 years after the date of completion of all response activity at the facility.

    (c) For civil fines under this part, within 3 years after discovery of the violation for which the civil fines are assessed.

    (2) For recovery of natural resources damages that accrued prior to July 1, 1991, the limitation period for filing actions under this part is July 1, 1994.

    (3) For recovery of response activity costs that were incurred prior to July 1, 1991, the limitation period for filing actions under this part is July 1, 1994.

    (4) Subsection (3) is curative and intended to clarify the original intent of the legislature and applies retroactively.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995 ;-- Am. 2000, Act 254, Imd. Eff. June 29, 2000

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Act 451

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Environmental Remediation

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Environmental Response Act

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NREPA
Notes of Decisions
Cited in 8 cases, 1997–2016 · leading case: Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006).
Sort: Relevance Newest Treatment
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006). · cites it 14× “[1] After the Court of Appeals rendered its decision, the Attorney General filed his motion to intervene on behalf of the people of Michigan and the MDEQ. Within the period specified for appeals, [2] the Attorney General appealed the decision of the Court of Appeals in this…”
Boelter v. Advance Magazine Publishers Inc., 210 F. Supp. 3d 579 (S.D.N.Y. 2016). “7 ("This amendatory act is curative and intended to clarify the original intent of 2007 PA 36 .”
Pactiv Corp. v. Chester, 455 F. Supp. 2d 680 (E.D. Mich. 2006). “§ 324.20140(l)(c). Defendants aver that they could not have discovered Plaintiffs noncompliance with the planning requirements before July 28, 2004, and thus the limitations period will not expire until July 28, 2007.”
In Re Approximately Forty Acres, 566 N.W.2d 652 (Mich. Ct. App. 1997). “v Last, appellant claims that the imposition of the superpriority lien was an “action” to recover response costs and was therefore barred by the statute of limitations, which appellant argued below is set forth in what is now MCL 324.20140(2); MSA 13A.20140(2), which provides…”
Shields v. Shell Oil Co., 604 N.W.2d 719 (Mich. Ct. App. 2000). · cites it 3× “20140 provides: (1) Except as provided in subsection (2), the limitation period for filing actions under this part is as follows: (a) For the recovery of response activity costs and natural resources damages pursuant to section 20126a(l)(a), (b), or (c), within 6 years of…”
Federated Ins. v. Oakland Cnty. Road Comm'n, 687 N.W.2d 329 (Mich. Ct. App. 2004). “116(C)(7), arguing that plaintiffs action was barred by the statute of limitations provided in MCL 324.20140(l)(a). Section 20140 of the NREPA states in relevant part: (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is…”
Federated Ins. Co. v. Oakland Cty. Rd. Com'n, 687 N.W.2d 329 (Mich. Ct. App. 2004). “116(C)(7), arguing that plaintiff's action was barred by the statute of limitations provided in MCL 324.20140(1)(a). Section 20140 of the NREPA states in relevant part: (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is…”
Shields v. Shell Oil Co., 621 N.W.2d 215 (Mich. 2000). · cites it 2× “§ 324.20140; MSA 13A.20140, it is clear that only actions for recovery of response activity costs incurred before July 1, 1991, were subject to the July 1, 1994, limitation period.”
— Mich. Comp. Laws § 324.20140(1) — 2 cases
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006). “[1] After the Court of Appeals rendered its decision, the Attorney General filed his motion to intervene on behalf of the people of Michigan and the MDEQ. Within the period specified for appeals, [2] the Attorney General appealed the decision of the Court of Appeals in this…”
Shields v. Shell Oil Co., 604 N.W.2d 719 (Mich. Ct. App. 2000). “20140 provides: (1) Except as provided in subsection (2), the limitation period for filing actions under this part is as follows: (a) For the recovery of response activity costs and natural resources damages pursuant to section 20126a(l)(a), (b), or (c), within 6 years of…”
— Mich. Comp. Laws § 324.20140(1)(a) — 2 cases
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006). “[1] After the Court of Appeals rendered its decision, the Attorney General filed his motion to intervene on behalf of the people of Michigan and the MDEQ. Within the period specified for appeals, [2] the Attorney General appealed the decision of the Court of Appeals in this…”
Federated Ins. Co. v. Oakland Cty. Rd. Com'n, 687 N.W.2d 329 (Mich. Ct. App. 2004). “116(C)(7), arguing that plaintiff's action was barred by the statute of limitations provided in MCL 324.20140(1)(a). Section 20140 of the NREPA states in relevant part: (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is…”
— Mich. Comp. Laws § 324.20140(2) — 2 cases
In Re Approximately Forty Acres, 566 N.W.2d 652 (Mich. Ct. App. 1997). “v Last, appellant claims that the imposition of the superpriority lien was an “action” to recover response costs and was therefore barred by the statute of limitations, which appellant argued below is set forth in what is now MCL 324.20140(2); MSA 13A.20140(2), which provides…”
Shields v. Shell Oil Co., 604 N.W.2d 719 (Mich. Ct. App. 2000). “20140 provides: (1) Except as provided in subsection (2), the limitation period for filing actions under this part is as follows: (a) For the recovery of response activity costs and natural resources damages pursuant to section 20126a(l)(a), (b), or (c), within 6 years of…”
— Mich. Comp. Laws § 324.20140(l)(a) — 2 cases
Federated Ins. v. Oakland Cnty. Road Comm'n, 715 N.W.2d 846 (Mich. 2006). “[1] After the Court of Appeals rendered its decision, the Attorney General filed his motion to intervene on behalf of the people of Michigan and the MDEQ. Within the period specified for appeals, [2] the Attorney General appealed the decision of the Court of Appeals in this…”
Federated Ins. v. Oakland Cnty. Road Comm'n, 687 N.W.2d 329 (Mich. Ct. App. 2004). “116(C)(7), arguing that plaintiffs action was barred by the statute of limitations provided in MCL 324.20140(l)(a). Section 20140 of the NREPA states in relevant part: (1) Except as provided in subsections (2) and (3), the limitation period for filing actions under this part is…”
— Mich. Comp. Laws § 324.20140(l)(c) — 1 case
Pactiv Corp. v. Chester, 455 F. Supp. 2d 680 (E.D. Mich. 2006). “§ 324.20140(l)(c). Defendants aver that they could not have discovered Plaintiffs noncompliance with the planning requirements before July 28, 2004, and thus the limitations period will not expire until July 28, 2007.”
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