CERCLA 309
What’s in a Name?
Supreme Court arguments surround the policies and effects of limitations periods
A few weeks back, I posted about CTS Corp. v. Waldburger, a case then awaiting oral argument in the Supreme Court. As you may recall (or as you can read here, with links to relevant documents), Waldburger involves hazardous waste contamination, and a provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that …
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CONTINUE READINGStatutes of Limitations, Statutes of Repose, and Latent Harms
Can plaintiffs harmed years after exposure to toxic substances seek relief?
You may not have heard of CTS Corp. v. Waldburger. At a glance, it is relatively unremarkable, a private nuisance suit between landowners and a retired manufacturing facility. Much of the work on the plaintiffs’ side has been handled by students. In a sense, the case hasn’t even begun yet—a judge found that the plaintiffs waited …
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