Recent Posts

Supreme Court Narrows CERCLA Preemption of State Limits on Tort Claims
Posted on 22 Jul 2014 by Babst Calland

In an opinion strictly interpreting the statutory text of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the U.S. Supreme Court limited the scope of a CERCLA provision that is designed to extend state law claims for... Read More

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
Posted on 9 Jun 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability... Read More

U.S. Supreme Court Rules That CERCLA Does Not Preempt State Statutes Of Repose
Posted on 16 Jul 2014 by Allison Torrence

The U.S. Supreme Court has clarified the preemptive power of CERCLA, holding that CERCLA does not preempt state statutes of repose, even though it does preempt certain state statutes of limitation. On June 9, 2014, the Supreme Court ruled in the case... Read More

The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects
Posted on 13 Jul 2011 by Thomas H. Clarke, Jr.

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law... Read More