9th Circ. Says CERCLA Preempts Statutes Of Repose

Law360, New York (November 20, 2008, 12:00 AM EST) -- An appeals court has ruled that the federal environmental compensation and liability law's power to override a statute of limitations also applies to the slightly distinct statute of repose, reviving a negligence claim against Sun Oil Co. and diverging from a decision in another circuit court.

While the plain language in the Comprehensive Environmental Response, Compensation and Liability Act only refers to a statute of limitations, Congress intended the law to apply to a statute of repose as well, the U.S. Court of Appeals for the...
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