In High Court Case, CTS Argues Federalism Prevents CERCLA Preemption

摘要

CTS Corporation, the liable party that successfully petitioned the Supreme Court in a closely-watched Superfund case, is arguing in its opening brief that the "plain text" of the law and the constitutional principle of federalism require the high court to overturn an appellate ruling that found the law broadly preempts state limits on when plaintiffs can bring toxic tort claims. The case, CTS Corporation v. Waldburger, stems from a split ruling by the U.S. Court of Appeals for the 4th Circuit last year that found the Comprehensive Environmental Response, Compensation & Liability Act's (CERCLA) language preempting state "statute[s] of limitations" also applies to time limits included in statutes of repose.