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ARTICLE · 10 JUNE 2014

Supreme Court Decision Alert - June 9, 2014

Mayer Brown
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CERCLA—Preemption Of State Statutes Of Repose / Bankruptcy—Powers Of Bankruptcy Courts

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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Today (June 9, 2014) the Supreme Court issued two decisions, described below, of interest to the business community.

CERCLA—Preemption Of State Statutes Of Repose

CTS Corp. v. Waldburger, No. 13-339 (described in the January 13, 2014, Docket Report)

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides that, under certain circumstances, a federal commencement date applies in the running of state statutes of limitations governing state causes of action. Specifically, the federal commencement date applies if the state commencement date is earlier than the federal commencement date and the case involves "any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant, or contaminant, released into the environment from a facility." 42 U.S.C. § 9658(a)(1). Today, in CTS Corp. v. Waldburger, No. 13-339, the Supreme Court held

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