Tag Archives: Preemption

US Supreme Court Holds CERCLA Does Not Preempt State Statutes of Repose

The US Supreme Court has again reiterated that the federal Superfund law should be interpreted narrowly and plainly, this time while addressing the statute’s impact on state tort theories arising from releases of hazardous substances.   In CTS Corp. v. Waldburger, the Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt … Continue Reading

US Supreme Court to Hear CERCLA Preemption Case

The US Supreme Court recently announced it will hear an appeal of the Fourth Circuit’s decision in Waldburger v. CTS Corp., No. 12-1290 (4th Cir. 2013) involving the preemption of state statutes of repose by Section 9658 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In Waldburger, the Plaintiffs sued CTS Corporation for nuisance after discovering their lands were … Continue Reading

Third Circuit Denies Rehearing in Clean Air Act Preemption Case

On September 23, 2013, the Third Circuit denied GenOn Power Midwest LP’s Petition for Rehearing En Banc in the Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P. appeal.  As we previously reported, the petition sought review of the court’s September 3, 2013 decision finding that the Clean Air Act does not preempt state law … Continue Reading

Rehearing Sought After 3rd Circuit Finds Clean Air Act Does Not Preempt State Common Law Tort Claims

On September 3, 2013, GenOn Power Midwest LP filed a Petition for Rehearing En Banc in response to last month’s decision by a panel of the the 3rd Circuit Court of Appeals in Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., finding that the Clean Air Act (CAA) does not preempt state law tort claims brought by … Continue Reading

US Supreme Court Declines to Hear 9th Circuit Decision Rejecting Greenhouse Gas Tort Litigation

The US Supreme Court has declined to hear the 9th Circuit’s decision in Native Village of Kivalina v. Exxon Mobil Corp., 696 F.3d 849 (9th Cir. 2012).  By decling to hear the case, the US Supreme Court leaves another judgment stand which holds that the Clean Air Act preempts greenhouse gas tort claims.  In Kivalina, the Alaskan Village of Kivalina … Continue Reading
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