U.S. District Court in Virginia Holds that CERCLA’s Discovery Rule Applies Only Where There is a Viable CERCLA Claim

ABA Section of Environment, Energy and Resources

November 25, 2015
Kate Campbell
Superfund and Natural Resource Damages Litigation Committee Regional Update

On October 26, 2015, the U.S. District Court for the Western District of Virginia joined a number of other courts in holding that CERCLA’s discovery rule applies to toll state statutes of limitation only where the plaintiff has a viable (asserted or unasserted) CERCLA claim.

Click here for link to ABA Section of Environment, Energy and Resources: Superfund and Natural Resource Damages Litigation Committee Regional Update.