Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

CERCLA Does Not Preempt State Statutes of Repose

By Jeff Miller on June 10, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

Yesterday, in CTS Corp. v. Waldburger, the Supreme Court held that CERCLA does not preempt state statutes of repose, reversing a Fourth Circuit decision and Ninth Circuit precedent. A statute of limitations extinguishes the right of a claimant to pursue a cause of action after a set period has elapsed after a claim has accrued, while a statute of repose extinguishes causes of action against a defendant after a set period, regardless of whether claims have accrued. 

The effect of the decision is that actions brought under state law for personal injury or property damage related to hazardous substances will be barred by applicable state statutes of repose. In McDonald v. Sun Oil Co., 548 F.3d 774 (9th Cir. 2008), the Ninth Circuit held that CERCLA preempted Oregon’s ten-year statute of repose and reversed the district court’s summary judgment against the plaintiffs on their negligence claim. The outcome will be just the opposite after this decision. Plaintiffs will find their state-law claims barred by statutes of repose regardless of whether a claim has accrued.

The 7-2 decision was authored by Justice Kennedy. Justices Ginsburg and Breyer dissented, arguing that the majority decision will encourage polluters to hide contamination until the repose period has run its course.

Photo of Jeff Miller Jeff Miller
Read more about Jeff MillerEmail
  • Posted in:
    Environmental and Climate
  • Blog:
    From the Ground Up
  • Organization:
    Miller Nash Graham & Dunn LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo