Opinion analysis: Court’s narrow reading of Superfund’s preemption provision leaves victims of toxic exposure without legal recourse

Yesterday in CTS Corp. v. Waldburger, the Court ruled – by a vote of seven to two –that the provision of the federal Superfund law (the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA) that tolls state statutes of limitations until after victims of toxic exposure have discovered their harm, 42 U.S.C. § 9658, does … Continue reading Opinion analysis: Court’s narrow reading of Superfund’s preemption provision leaves victims of toxic exposure without legal recourse