CERCLA Section 309 And State Law Limitations Periods
July 20, 2010, 1:17 PM EDT
Law360, New York (July 20, 2010, 1:17 PM EDT) -- While almost all of the terms of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. focus on the process of investigating, cleaning up and imposing liability for sites contaminated by hazardous substances, one provision takes a sharp left turn into the realm of common law tort liability.
That provision, Section 309 of CERCLA, 42 U.S.C. § 9658, explicitly applies to state law actions for personal injury or property damage caused or contributed by exposure to hazardous substances, pollutants or contaminants....