Supreme Court Ruling Resolves Conflict on State Statutes of Repose

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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