The Supreme Court of the United States Will Consider Application of CERCLA Limitations Period to State Tort Law Claims

 
Client Advisory
February 3, 2014

In January, the Supreme Court of the United States granted certiorari over a case from the Fourth Circuit Court of Appeals to decide if Section 309 of the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) preempts state law statutes of repose. The Fourth Circuit held in Waldberger v. CTS Corp. that CERCLA preemption applied to statutes of repose, thus creating a split amongst the Circuits on this issue.

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