Lawyers React to High Court's CERCLA Preemption Ruling
June 9, 2014
"Lawyers React to High Court's CERCLA Preemption Ruling"
Farella Braun + Martel Environmental Law Partner Sarah Bell commented on the significance of the U.S. Supreme Court ruling on CTS Corp. v. Waldburger. According to Bell, "The Supreme Court’s holding in CTS Corp. v. Waldburger is a significant win for companies facing potential legacy liability from historic environmental contamination. In deciding that CERCLA’s preemption of statutes of limitations in state law toxic tort actions does not extend to statutes of repose, the Supreme Court cut off a potentially significant source of litigation against companies associated with decades-old historic contamination. For companies with legacy sites in states with statutes of repose, today’s holding provides certainty of their right not to be sued after the applicable period of time has elapsed, and likely makes business transactions involving legacy properties easier."