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Supreme Court: States Have Power to Restrict Contamination Suits Despite CERCLA Pre-Emption
17 June 2014
The Supreme Court held that CERCLA does not pre-empt statutes of repose. Rather, the pre-emption provisions relating to causes of action for personal injury and property damage stemming from contamination apply only to statutes of limitation.
The Supreme Court found that statutes of limitation and statutes of repose serve distinct purposes and the plain language of the statute applied to the former and not the latter for pre-emption purposes.
The decision could pave the way for states to limit personal injury and property damage claims for contamination.
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