Written by David A. O’Neill, JD, Director of Investigations, PolicyFind
The U.S. Supreme Court heard oral argument in the case styled CTS Corp. v. Waldburger on April 23, 2014. At issue was whether the Fourth Circuit Court of Appeals had rightly concluded that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempted a North Carolina statute setting a date after which a law suit against a polluter could be brought following the detection of damage from environmental contamination. The Court’s decision is expected in June.
The case involves the recent discovery of dangerous levels of carcinogenic solvents in drinking water wells in Asheville, North Carolina. From 1959 to 1985, CTS Corp. had manufactured electronic parts in a nearby factory and stored these solvents on-site. When soil and groundwater contamination was discovered in 2009, the present landowner sought a ruling from the U.S. District Court that CTS was responsible for property damage and for removing the contaminants. The District Court, however, ruled for CTS, citing a state statute imposing a date certain for when such suits could no longer be brought. It stated that this “statute of repose” barred suits brought more than ten years after CTS’s “last act or omission” at the site. Continue reading “Supreme Court Ruling Expected on North Carolina Statute May Bar Camp Lejeune Marines Contamination Lawsuit”