Category Archives: Waste

CERCLA statutes of limitation and repose–SCOTUS opinion

Here’s an esoteric opinion about a very troublesome law.

CERCLA is intended to address toxic waste dumps or sites and remedies. CERCLA is a swamp of regulatory and legal problems that have resulted in many legitimate criticisms.

There are also opportunities in CERCLA Superfund to get all kinds of remote recoveries so many businesses and industries have objected to the long arm of CERCLA.

A Statute of Limitation is a time limit on bringing an action that is triggered when the victim or injured party discovered or should have discovered the cause of action.

A statute of repose is an absolute time limit that is triggered by the action or conduct that might be tortious or injurious or a violation of a statute with a victim identified. A statute of repose is a time from the event that might be the cause of an action for recovery.

So the SCOTUS has rendered an opinion that keeps the statute of repose for CERCLA claims, allowing for a limit for the time of exposure. Naturally plaintiff attorneys don’t want a statute of repose–they wanna sue whenever they think they might have discovered an injury caused by some CERCLA violation.

Walgreens Fined $16.6 Million for Landfilling Pesticides, Bleach, Paint, and More in East Bay

It is, of course, perfectly legal for individuals to “dump” pesticides and bleach into the environment — at least Walgreens’ “dumping” was into a lined and monitored landfill. Continue reading