The Supreme Court recently ruled that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as Superfund, does not preempt a North Carolina law preventing claims related to environmental contamination that happened more than 10 years ago. Environmental Counsel Stacy Watson May expresses why the ruling is a significant legal development.
"In states with a statute of repose on tort claims under state law, defendants will have a strong basis to seek dismissal of property damage and personal injury claims with long latency periods. Plaintiffs will face an uphill battle in cases alleging harm from hazardous substances, especially for contamination emanating from closed facilities," said Ms. Watson May.
READ: Lawyers React To High Court's CERCLA Preemption Ruling (subscription may be required)
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