SCOTUSblog: CTS Corp. v. Waldburger
|CTS of Asheville Superfund site|
Issue: The question before the Court is whether the Fourth Circuit correctly interpreted the preemption provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9658, to apply to state statutes of repose in addition to state statutes of limitations.
Holding: In a 7-2 decision, the Supreme Court ruled that § 9658 does not preempt state statutes of repose because the statute uses language consistent with statutes of limitations, but not statutes of repose. The majority concluded that Congress did not intend to preempt state statutes of repose. As a result, the original complaint would be dismissed consistent with the state's statute of repose.