CERCLA's Jurisdictional Bar To Medical Monitoring Claims

By Thomas Manakides and Alexander Swanson (August 18, 2017, 1:42 PM EDT) -- Medical monitoring claims against the United States Department of the Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act's jurisdictional rules.[1] In August 2016, plaintiffs sued the Navy in Pennsylvania state court asserting claims under Pennsylvania's Hazardous Sites Cleanup Act (HSCA) for medical monitoring and other injunctive relief based on alleged water contamination exposure from two nearby U.S. military facilities. These facilities have been listed as federal Superfund sites since 1989 and 1995, and the CERCLA investigation and cleanup activities are ongoing at both locations....

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