UNITED STATES COURT OF APPEALS March 27, 2025

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________

ATLANTIC RICHFIELD COMPANY,

Plaintiff - Appellant,

v. No. 23-1349 (D.C. No. 1:20-CV-00234-NYW-KAS) NL INDUSTRIES, INC.; NL (D. Colo.) ENVIRONMENTAL MANAGEMENT SERVICES,

Defendants - Appellees. _________________________________

ORDER _________________________________ Before HOLMES, Chief Judge, EBEL, and BACHARACH, Circuit Judges. _________________________________

This matter is before the court on Appellees’ Petition for Panel Rehearing and Rehearing En Banc. We also have a response to the petition from Appellant.

Pursuant to Fed. R. App. P. 40, the petition for panel rehearing is granted in part to the extent of the modifications at pages 3, 4, 5, and 6 of the attached revised opinion, which shall be filed as of today’s date.

The petition for rehearing en banc and the attached revised opinion were transmitted to all of the judges of the court who are in regular active service. As no Appellate Case: 23-1349 Document: 74-1 Date Filed: 03/27/2025 Page: 2

member of the panel and no judge in regular active service on the court requested that the court be polled, the petition for rehearing en banc is denied. See Fed. R. App. P. 40(c).

Entered for the Court CHRISTOPHER M. WOLPERT, Clerk

by: Jane K. Castro Chief Deputy Clerk

2 Appellate Case: 23-1349 Document: 74-1 Date Filed: 03/27/2025 Page: 3 FILED United States Court of Appeals PUBLISH Tenth Circuit

UNITED STATES COURT OF APPEALS March 27, 2025

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _____________________________________________ ATLANTIC RICHFIELD COMPANY,

Plaintiff - Appellant, v. No. 23-1349 NL INDUSTRIES, INC.; NL ENVIRONMENTAL MANAGEMENT SERVICES,

Defendants - Appellees. ____________________________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 1:20-CV-00234-NYW-KAS) ______________________________________ Theresa Wardon Benz (Molly J. Kokesh, R. Kirk Mueller, and Gail L. Wurtzler with her on the briefs), Davis Graham & Stubbs, Denver, Colorado, for Appellant. Joel L. Herz, Law Offices of Joel L. Herz, Tucson, Arizona, for Appellees. ______________________________________________ Before HOLMES, Chief Judge, EBEL, and BACHARACH, Circuit Judges. _______________________________________________ BACHARACH, Circuit Judge. _______________________________________________ Appellate Case: 23-1349 Document: 74-1 Date Filed: 03/27/2025 Page: 4

This case involves the timeliness of a suit to recoup expenses for an environmental clean