US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected.
Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 3091 does not preempt state statutes of repose.2 The Court’s decision resolves a split between the Fourth, Fifth and Ninth Circuits regarding the preemptive effect of Section 309 on state statutes of repose.
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Topics: CERCLA, CTS v Waldburger, Environmental Liability, Environmental Policies, Hazardous Substances, SCOTUS, Statute of Limitations, Statute of Repose
Published In: Civil Procedure Updates, Conflict of Laws Updates, Environmental Updates, Commercial Real Estate Updates, Toxic Torts Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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