ENVIRONMENTAL ENGINEERING NEWSLETTER 16 JUNE 2014 This week's edition includes: If you need older URLs contact George at
[email protected]. Please Note: This newsletter contains articles that offer differing points of view regarding climate change, energy and other environmental issues. Any opinions expressed in this publication are the responses of the readers alone and do not represent the positions of the Environmental Engineering Division or the ASME. George Holliday This week's edition includes: 1. ENVIRONMENT A U.S. SUPREME COURT HOLDS STATUTE OF REPOSE IS NOT PREEMPTED BY CERCLA FEDERALLY REQUIRED COMMENCEMENT DATE On June 9, 2014, the U.S. Supreme Court ruled in a 7-2 decision that a North Carolina statute of repose is not preempted by the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). CTS Corp. v. Waldburger et al., No. 13-399 (June 9, 2014). The North Carolina statute of repose requires that tort lawsuits must be brought within 10 years after the defendant’s last culpable act. The Supreme Court, reversing the Court of Appeals for the Fourth Circuit, distinguished statutes of repose from statutes of limitations, which are preempted by CERCLA in certain circumstances. CERCLA preempts state statutes of limitations to the extent that they conflict with CERCLA’s approach that the limitations period begins to run only when the plaintiff discovers, or reasonably should have discovered, that the harm was caused by the contaminant. The Supreme Court distinguished the objective of a statute of repose—to provide finality to defendants after a legislatively-determined period of time following the culpable conduct—with the objective of a statute of limitations—to encourage plaintiffs to bring lawsuits in a timely manner.