For whom CERCLA tolls Share:
In fall 2020, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district courtâs dismissal of a wrongful death action allegedly stemming from exposure to radioactive chemicals.
Pinares v. United Technologies Corp.
et al., 973 F.3d 1254 (11th Cir. 2021). In so doing, the Eleventh Circuit traced the legal constellation of public liability actions under the federal Price-Anderson Act (PAA) and Floridaâs statute of limitations to find that the action was time-barredârejecting the appellantsâ claims that the Comprehensive Environmental Response, Compensation, and Liability Actâs (CERCLA) discovery-tolling provision could keep their claims alive.
The Supreme Court is set to decide whether groundwater resources spanning multiple states can be apportioned as an interstate resource, setting the stage for interstate disputes.