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

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

North Carolina Seeks To Amend Statute Of Repose Following Waldburger Decision
Posted on 21 Jul 2014 by Steven M. Siros

Within hours of the Supreme Court's decision in CTS Corporation v. Waldburger , [ enhanced version available to lexis.com subscribers ], finding that that CERCLA's "discovery rule" did not preempt North Carolina's 10-year statute... Read More

Jenner & Block: U.S. Court of Appeals Mandates Decision on Act of War Defense to WTC CERCLA Claims
Posted on 7 Jun 2012 by Gabrielle Sigel

By Gabrielle Sigel, Partner, Jenner & Block The U.S. Court of Appeals for the Second Circuit has issued a mandate to the U.S. District Court for the Southern District of New York, requiring the lower court to determine whether contamination from... Read More

CERCLA's "Federally Required Commencement Date" Preempts State Statute Of Repose
Posted on 19 Oct 2011 by Steven M. Siros

By Steven M. Siros, Partner, Jenner & Block A Georgia federal district court recently found that CERCLA's "federally required commencement date" preempted a state statute of repose. In In re Camp Lejeune, N.C. Water Contamination... Read More