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Statute of Limitations › Comprehensive Environmental Response, Compensation and Liability Act › Contaminated Properties

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Williams Mullen

Limitations Bar Superfund Contribution Action

Williams Mullen on

As a general rule, the law will not allow plaintiffs to sit on legal rights indefinitely. Superfund actions are no exception. The 6th Circuit recently applied this principle, finding a declaratory judgment of liability...more

Sullivan & Worcester

Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution Action

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Liability for clean-up of hazardous substances pursuant to the Comprehensive Response, Compensation and Liability Act of 1980 ("CERCLA," "Act" or "Superfund") can be extremely costly, amounting to hundreds of millions of...more

(ACOEL) | American College of Environmental...

Paying More than Your CERCLA Fair Share

(ACOEL) | American College of Environmental... on

The rhetoric of enforcement under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-75, plays well in public. The government seeks “cleanup” and makes “the polluter pay.”...more

Lowenstein Sandler LLP

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

Lowenstein Sandler LLP on

On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Sheppard Mullin Richter & Hampton LLP on

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Foley Hoag LLP - Environmental Law

Stop the Presses. Superfund is Stupid.

Foley Hoag LLP - Environmental Law on

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –...more

Snell & Wilmer

Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA

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Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42...more

Beveridge & Diamond PC

Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims

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The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more

Saul Ewing Arnstein & Lehr LLP

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

Saul Ewing Arnstein & Lehr LLP on

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

Morrison & Foerster LLP

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

Morrison & Foerster LLP on

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

BakerHostetler

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

BakerHostetler on

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Davis Wright Tremaine LLP

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

Davis Wright Tremaine LLP on

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

Foley Hoag LLP - Environmental Law

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Foley Hoag LLP - Environmental Law on

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

Polsinelli

Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

Polsinelli on

The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), enacted in 1980 to "promote the timely cleanup of hazardous waste sites," does not...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides CTS Corp. v. Waldburger

Faegre Drinker Biddle & Reath LLP on

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

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