January 22, 2014

U.S. Supreme Court to Decide Whether CERCLA Preempts State Law Limits on Tort Liability

Arnold & Porter Advisory

The Supreme Court recently granted a petition for writ of certiorari in CTS Corp. v. Waldburger, which will settle the question of whether Section 309 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts states' statutes of repose relating to state tort law claims arising from a release of hazardous substances. The stakes for both plaintiffs and defendants are substantial.

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