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
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
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
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Friday [ enhanced version available to lexis.com subscribers ], agreed to take up a case to decide if the Fourth Circuit U.S. Court of Appeals erred in reviving claims brought by North... Read More
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