Chris Dolan Discusses Uncertain Effect of SCOTUS CERCLA Ruling in The Daily Record Newswire

The United States Supreme Court recently held that the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) does not preempt state statutes of repose. The case, CTS Corp. v. Waldburger, which ruled against a North Carolina homeowners community who discovered pollutants in their groundwater, is expected by many attorneys to have a ripple effect on litigation brought under other federal statutes in states with applicable statutes of repose. However, many believe that the facts in the case are unusual enough that it may not leave any immediate impact.

Faegre Baker Daniels partner Chris Dolan explained to The Daily Record Newswire that there are only a handful of states that have broad statues of repose like North Carolina affecting CERCLA claims.

Some have suggested that based on the decision, other state legislators could decide to pass similar statutes of repose to attract business. To that Dolan said, as a practical matter, such a move could be difficult if it is seen by voters as a way for state lawmakers to help companies that contaminate groundwater avoid liability.