Held preempted
The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook…
A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia…
The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners…