4th Circ. Says CERCLA Preempts Statutes Of Repose

Law360, New York (July 11, 2013, 12:56 PM EDT) -- The Fourth Circuit on Wednesday revived a lawsuit brought by a group of North Carolina citizens who claim an electronics manufacturer dumped carcinogenic solvents in their well water, saying the state’s statute of repose is preempted by federal law.

A divided appeals court reversed CTS Corp.’s successful lower court dismissal bid after finding that the leeway intended by Congress in establishing the Comprehensive Environmental Response, Liability, and Compensation Act overrides North Carolina’s statutory claim limitations.

The decision hinged on the appeals court's analysis of a statutory...
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