2nd Circuit Finds CERCLA Preempts State Tort Claims By Residents

摘要

The U.S. Court of Appeals for the 2nd Circuit May 25 issued a summary order affirming a lower court's ruling finding the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) preempts state tort law claims made by residents regarding contamination stemming from a New York Superfund site because they "attack" a CERCLA consent decree.