News & Analysis as of

Supreme Court of the United States › Hazardous Substances › Comprehensive Environmental Response, Compensation and Liability Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Lathrop GPM

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

Lathrop GPM on

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances...more

Mintz

Does the Supreme Court have the stomach to tackle the super fun Superfund statute of limitations again?

Mintz on

This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of limitations clock for the liable party to bring a contribution...more

ArentFox Schiff

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

Nutter McClennen & Fish LLP on

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

(ACOEL) | American College of Environmental... on

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

Pillsbury - Gravel2Gavel Construction & Real...

4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims

Pillsbury - Gravel2Gavel Construction & Real... on

Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more

Beveridge & Diamond PC

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

Beveridge & Diamond PC on

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

Latham & Watkins LLP

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

Latham & Watkins LLP on

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

Saul Ewing Arnstein & Lehr LLP on

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

Morrison & Foerster LLP

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

Morrison & Foerster LLP on

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

BakerHostetler

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

BakerHostetler on

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Davis Wright Tremaine LLP

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

Davis Wright Tremaine LLP on

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

Foley Hoag LLP - Environmental Law

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Foley Hoag LLP - Environmental Law on

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

Polsinelli

Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

Polsinelli on

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...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides CTS Corp. v. Waldburger

Faegre Drinker Biddle & Reath LLP on

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

Foley Hoag LLP - Environmental Law

When Is An Arranger Not An Arranger? When It Sells Some Good Stuff Along With The Junk

Foley Hoag LLP - Environmental Law on

As Superfund lawyers know, the Supreme Court decision in Burlington Northern required proof of an intent to dispose hazardous substances as a prerequisite to imposition of arranger liability. While lower courts have often...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide