42 U.S.C. § 9658

Actions under State law for damages from exposure to hazardous substances

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(a) State statutes of limitations for hazardous substance cases(1) Exception to State statutes

In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute.

(2) State law generally applicable

Except as provided in paragraph (1), the statute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility.

(3) Actions under section 9607

Nothing in this section shall apply with respect to any cause of action brought under section 9607 of this title.

(b) DefinitionsAs used in this section—(1) Subchapter I terms

The terms used in this section shall have the same meaning as when used in subchapter I of this chapter.

(2) Applicable limitations period

The term “applicable limitations period” means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) may be brought.

(3) Commencement date

The term “commencement date” means the date specified in a statute of limitations as the beginning of the applicable limitations period.

(4) Federally required commencement date(A) In general

Except as provided in subparagraph (B), the term “federally required commencement date” means the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) were caused or contributed to by the hazardous substance or pollutant or contaminant concerned.

(B) Special rulesIn the case of a minor or incompetent plaintiff, the term “federally required commencement date” means the later of the date referred to in subparagraph (A) or the following:(i) In the case of a minor, the date on which the minor reaches the age of majority, as determined by State law, or has a legal representative appointed.(ii) In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed.(Pub. L. 96–510, title III, § 309, as added Pub. L. 99–499, title II, § 203(a), Oct. 17, 1986, 100 Stat. 1695.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 99–499, title II, § 203(b), Oct. 17, 1986, 100 Stat. 1696, provided that: “The amendment made by subsection (a) of this section [enacting this section] shall take effect with respect to actions brought after December 11, 1980.”

Notes of Decisions

Cited in 139 cases (13 in the last 5 years), 1987–2026 · leading case: Greco v. United Tech. Corp., 890 A.2d 1269 (Conn. 2006).

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Greco v. United Tech. Corp., 890 A.2d 1269 (Conn. 2006). · cites it 25× “Alternatively, the plaintiffs claimed that 42 U.S.C. § 9658 , 10 a provision of the federal Com *344 prehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.”

Nat'l Credit Union Admin. Bd. v. Nomura Home Equity Loan, Inc., 764 F.3d 1199 (10th Cir. 2014). · cites it 10× “42 U.S.C. § 9658 . Section 9658 generally provides that “the statute of limitations established under State law shall apply in all actions brought under State law” for personal injury or property damage stemming from industrial pollution, id.”

Clark Cnty. v. Sioux Equip. Corp., 2008 SD 60 (S.D. 2008). · cites it 12× “See 42 U.S.C. § 9658 . Commonly known as "Superfund," CERCLA was enacted by Congress in 1980.”

Fed. Hous. Fin. Agency v. Nomura Holding Am., Inc., 873 F.3d 85 (2d Cir. 2017). · cites it 3× “2d 62 (2014), which held that 42 U.S.C. § 9658 , 27 a provision in the Corn-prehensive Environmental Response, Compensation, and Liability Act of 1980 (the “CERCLA”) that imposes a federal commencement date for state statutes of limitations, does not pre-empt state statutes of…”

In Re Pfohl Bros. Landfill Litig., 26 F. Supp. 2d 512 (W.D.N.Y. 1998). · cites it 21× “1613 , specifically, § 309, 42 U.S.C. § 9658 , which preempts the accrual date for state law toxic tort actions based on exposure to hazardous substances released into the environment by facilities as defined by CERCLA, permitting such claims to accrue upon the discovery of the…”

Fed. Deposit Ins. v. RBS Sec. Inc., 798 F.3d 244 (5th Cir. 2015). · cites it 15× “2d 62 (2014), which construed a pror vision of CERCLA, 42 U.S.C. § 9658 , as preempting only state statutes of limitations, not state statutes of repose.”

Perrine v. E.I. Du Pont De Nemours & Co., 694 S.E.2d 815 (W. Va. 2010). · cites it 5× “Finally, the Plaintiffs asserted that federal law controlled the commencement of the statute of limitations pursuant to 42 U.S.C. § 9658 (a)(1) (1986) (2006 ed.).”

Peter Waldburger v. CTS Corp., 723 F.3d 434 (4th Cir. 2013). · cites it 12× “” See 42 U.S.C. § 9658 (a)(1). Second, it is (1) a “period,” (2) “specified in a statute of limitations,” (3) “during which a civil action .”

Angle v. Koppers, Inc., 42 So. 3d 1 (Miss. 2010). · cites it 6× “42 U.S.C. § 9658 (a)(1) (2006) (emphasis added).”

Rockwell Int'l Corp. v. Wilhite, 143 S.W.3d 604 (Ky. Ct. App. 2003). · cites it 5× “60 After setting forth the relevant provisions of 42 U.S.C. § 9658 , the Eleventh Circuit Court of Appeals acknowledged the existence of a federally mandated “discovery rule” for environmental tort actions brought under state law, despite the fact that Georgia (like Kentucky),…”

CTS Corp. v. Waldburger, 134 S. Ct. 2175 (2014). · cites it 2× “§§ 1-46, 1-52 (Lexis 2013), includes in the same paragraph, § 1-52(16), both a discovery rule and an absolute period of repose.”

Jinks v. Richland Cnty., 538 U.S. 456 (2003). · cites it 2× “by or against any person in military service"); 42 U. S. C. § 9658 (a)(1) ("In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant,…”

Show all 139 citing cases →

— 42 U.S.C. § 9658(a)(1) — 1 case

FDIC v. Rhodes, 2014 NV 88 (Nev. 2014).

— 42 U.S.C. § 9658(a)(2) — 1 case

Peter Waldburger v. CTS Corp., 723 F.3d 434 (4th Cir. 2013). “” See 42 U.S.C. § 9658 (a)(1). Second, it is (1) a “period,” (2) “specified in a statute of limitations,” (3) “during which a civil action .”

— 42 U.S.C. § 9658(b)(4) — 1 case

Elec. Power Bd. of Chattanooga v. Monsanto Co., 879 F.2d 1368 (6th Cir. 1989).

— 42 U.S.C. § 9658(b)(4)(A) — 1 case

Tower Asphalt, Inc. v. Determan Welding & Tank Serv., Inc., 530 N.W.2d 872 (Minn. Ct. App. 1995).

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