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 journey · stage 2 of 5
Under committee review
What it doesSummary introduced in house (Jun 26, 2014)
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 CTS Corp. v. Waldburger 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.)
What just happenedJul 21, 2014
Referred to the Subcommittee on the Constitution and Civil Justice.
Who’s behind it
- Introduced in HouseJun 26, 2014
- Jul 21, 2014Committee
Referred to the Subcommittee on the Constitution and Civil Justice.
- Jun 27, 2014Committee
Referred to the Subcommittee on Water Resources and Environment.
- Jun 26, 2014IntroReferralH11100
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jun 26, 2014IntroReferralH11100
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jun 26, 2014IntroReferralH11100
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Jun 26, 2014IntroReferralIntro-H
Introduced in House
- Jun 26, 2014IntroReferral1000
Introduced in House