A bill to clarify the effect of State statutes of repose on the required commencement date for actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

Bill: 113-s-2542
Sponsor: full_name: Sen. Hagan, Kay R. [D-NC]
Introduced: 2014-06-26
Policy area: Environmental Protection
Subjects: Civil actions and liability

Federal preemption

Hazardous wastes and toxic substances

Pollution liability

State and local government operations
Latest action: action_date: 2014-06-26
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2014-06-26
action_desc: Introduced in Senate
text: <p>Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to preempt a state statute of repose for actions brought under state law for personal injury or property damages caused from or contributed to by exposure to any hazardous substance, pollutant, or contaminant, if the state statute provides a commencement date that is earlier than the federally required commencement date. (Currently, CERCLA preempts state statutes of limitations, which limit the amount of time a lawsuit can commence from the time the contamination is discovered. The Supreme Court ruled in <i>CTS Corp. v. Waldburger</i> that North Carolina's statute of repose was not preempted by CERCLA. That statute of repose limits the amount of time a lawsuit can commence to 10 years from the defendant's last action, regardless of when the contamination is discovered.) </p>

tv_txt: II 113th CONGRESS 2d Session S. 2542 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mrs. Hagan introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To clarify the effect of State statutes of repose on the required commencement date for actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

1. Actions under State law for damages from exposure to hazardous substances Section 309 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9658 ) is amended— (1) in the subsection heading of subsection (a), by inserting and Repose after Statutes of Limitations ; and (2) by inserting or repose after limitations each of the other places it appears.