In Win For Industry, High Court Limits CERCLA Preemption

Law360, New York (June 9, 2014, 10:23 AM EDT) -- The U.S. Supreme Court on Monday shot down decades-old pollution allegations against an electronics manufacturer in North Carolina, ruling that the state’s statute of repose is not preempted by the federal Comprehensive Environmental Response, Compensation and Liability Act.

The North Carolina statute of repose at issue prevents plaintiffs from bringing any claims arising more than 10 years after an act of pollution occurred. In a 7-2 ruling, the high court said the Fourth Circuit erred when it concluded in July that CERCLA preempts statutes of repose like the one in North Carolina, despite CERCLA's exclusive use of the phrase “statute of...

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