4th Circuit Finds CERCLA Does Not Preempt Virginia’s Statutes Of Limitations

Mealey's (March 22, 2017, 9:07 AM EDT) -- RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel ruled March 9 that the Comprehensive Environmental Response, Compensation, and Liability Act does not preempt Virginia’s statutes of limitation on property owners’ claims for unjust enrichment, trespass, nuisance and injunctive relief because the plaintiffs could not state claims for cost recovery or contribution under CERCLA (Neal Blankenship, et al. v. Consolidation Coal Company, et al., No. 15-2480, Ira Gordon Ratliff, et al. v. Consolidation Coal Company, et al., No. 15-2482, 4th Cir., 2017 U.S. App. LEXIS 4168)....