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by any other person, such as the City of St. Anthony, and any research memoranda or other documents on which it based any damages or injury to, destruction of, or loss of natural this interpretation. Further, the City of New Brighton had resources. asked the Justice Department to prepare a Stipulation Agreement Pursuant to § 112(d) of CERCLA, a claim for removal promising not to assert the statute of limitations against or remedial action or for damages to natural resources cannot St. Anthony if they delayed bringing their lawsuit. The be presented to the federal Superfund for payment nor may Justice Department never did produce any memoranda nor the an action be commenced for "damages", defined in CERCLA, requested Stipulation Agreement. Section 101(6), as natural resources damages, unless the Based on the foregoing, under CERCLA, caution suggests claim is presented to the Superfund or an action commenced that a three (3) year statute of limitations be observed within three (3) years from the date of discovery of the and that a civil action be commenced under CERCLA within loss, or the date of enactment of the statute, whichever three (3) years from the date of discovery of the loss in is later. This statute of limitations provision contains order to preserve the claim. no specific limitation with respect to a claim to recover B. Federal Tort Claims Act, 28 U.S.C. § 1346 remedial or removal costs, commonly referred to as clean-up The City of New Brighton has also brought a claim costs, in a civil action. The attorneys for the City of against the United States and its departments under the Federal New Brighton believe this gap in the statute may invite a Tort Claims Act, Title 28, U.S.C. § 1346, for injury or loss statute of limitations problem for potential plaintiffs who of property caused by the negligent or wrongful acts or omissions seek to recover clean-up costs. of any employee of the government while acting within the The United States Department of Justice had attempted scope of his or her office or employment. In this case, to urge New Brighton not to bring their lawsuit when they the City of New Brighton has alleged that employees of the did on the basis that CERCLA contained no statute of limitations United States, while acting within the scope of their employment, for clean-up costs and therefore, the six (6) year statute negligently or wrongfully stored, disposed of, or permitted of limitations that applies to all other federal claims, the storage or disposal of hazardous waste at TCAAP, for namely, Title 28, U.S.C. § 2401(a), applies. The City of which the United States is liable under the Federal Tort New Brighton had asked the Department of Justice to produce Claims Act. t I , 1 - 4 - , - 5 - iel e 1 i