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Electric Power Bd. of Chattanooga v. Monsanto Co.

Citation: 17 ELR 20526
No. No. CIV-1-85-634, (E.D. Tenn., 10/27/1986) CERCLA preemption of state statute of limitations

The court holds that the Tennessee statute of repose is preempted by § 309 of the Comprehensive Environmental Response, Compensation, and Liability Act, added by the 1986 Superfund amendments, with regard to actions for damages involving exposure to hazardous substances. The court holds that the statute of repose is a statute of limitations, intended to be preempted by § 309. The court holds that the section is not unconstitutional and does not deprive a defendant of a vested right. The court modifies its prior order, 17 ELR 20526, holding that the statute of repose barred the action by plaintiff electric utilities boards against the manufacturer of electrical equipment containing polychlorinated biphenyls on various tort theories, and reinstates plaintiff's claim for property damage caused by exposure to a hazardous substance.

[Plaintiff's memorandum in support of its motion to modify the order is digested at ELR PEND. LIT. 65946.]

Counsel are listed at 17 ELR 20526.