4th Circuit Panel Rules CERCLA Preempts Statute Of Repose In Contamination Lawsuit

4th Circuit Panel Rules CERCLA Preempts Statute Of Repose In Contamination Lawsuit

RICHMOND, Va. - A divided Fourth Circuit U.S. Court of Appeals panel on July 10 affirmed that the North Carolina statute of repose is preempted by the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA); the appeal arose from a nuisance action filed by landowners seeking damages and an order to remove contamination from their domestic water wells and real property (Peter Waldburger v. CTS Corp., No. 12-1290, 4th Cir.; 2013 U.S. App. LEXIS 13942).

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