Our law firm proudly took part, acting as the local counsel for the victims of the CTS contamination in the case Waldburger et al vs. CTS that was recently decided by the United States Supreme Court. Unfortunately the Court did not rule in our favor and reversed the lower court’s decision. Our hearts go out to those victims as our justice system has failed them.
This decision has nationwide ramifications as the Court has now determined that CERCLA does not pre-empt state “statues of repose”. Justice Ginsburg’s dissent correctly states the resulting effect this ruling will have. “[T]he Court’s decision gives contaminators an incentive to conceal the hazards they have created until the repose period has run its full course.” Supreme Court rules against homeowners in CTS case. Moving forward efforts will now be made to lobby state and federal legislators to try to correct this outcome. Until then this ruling should serve as notice to anyone who lives near a former manufacturing facility to not sit idly and wait for the EPA or the Government to help you. Be proactive, call an attorney, have your property tested, research the site’s history, educate yourself, because your rights may be extinguished before you even know you have a problem.