• Fourth Circuit Finds that CERCLA Discovery Rule Preempts State’s Ten-Year Limitation on Accrual of Real Property Claims
  • September 2, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • The Fourth Circuit held that if a state statute of limitations provides that the period in which an action may be brought begins to run before a plaintiff knows of his injury, then § 9658 of CERLA, under which claims accrue on the date a plaintiff knew or reasonably should have known an injury was caused or contributed to by a hazardous substance or pollutant or contaminant, preempts the state statute so that the period begins to run from the time of the plaintiff’s actual or constructive knowledge of the injury. (Waldburger v. CTS Corporation, 2013 WL 3455775 (4th Cir. July 10, 2013).)