June 9, 2014
The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), enacted in 1980 to “promote the timely cleanup of hazardous waste sites,” does not pre-empt a state statue of repose. CTS Corp. v. Waldburger involved a North Carolina state-law nuisance action brought by property owners against the former owner of an electronics plant for contamination of the landowner’s well water from stored chemicals at the plant. The suit was filed in the United States District Court for the Western District of North Carolina in 2011 -- 24 years after CTS had sold the property. The property owners claimed that they first learned in 2009 that their well water had been allegedly contaminated by chemicals maintained and stored at the electronics plant.

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