US HB4993 | 2013-2014 | 113th Congress

Status

Spectrum: Partisan Bill (Democrat 5-0)
Status: Introduced on June 26 2014 - 25% progression, died in committee
Action: 2014-07-21 - Referred to the Subcommittee on the Constitution and Civil Justice.
Pending: House Subcommittee on the Constitution And Civil Justice Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to preempt a state statute of repose for actions brought under state law for personal injury or property damages caused from or contributed to by exposure to any hazardous substance, pollutant, or contaminant, if the state statute provides a commencement date that is earlier than the federally required commencement date. (Currently, CERCLA preempts state statutes of limitations, which limit the amount of time a lawsuit can commence from the time the contamination is discovered. The Supreme Court ruled in CTS Corp. v. Waldburger that North Carolina's statute of repose was not preempted by CERCLA. That statute of repose limits the amount of time a lawsuit can commence to 10 years from the defendant's last action, regardless of when the contamination is discovered.)

Tracking Information

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Title

To clarify the effect of State statutes of repose on the required commencement date for actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

Sponsors


History

DateChamberAction
2014-07-21HouseReferred to the Subcommittee on the Constitution and Civil Justice.
2014-06-27HouseReferred to the Subcommittee on Water Resources and Environment.
2014-06-26HouseReferred to House Judiciary
2014-06-26HouseReferred to House Transportation and Infrastructure
2014-06-26HouseReferred to House Energy and Commerce
2014-06-26HouseReferred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Same As/Similar To

SB2542 (Same As) 2014-06-26 - Read twice and referred to the Committee on Environment and Public Works.

Subjects


US Congress State Sources


Bill Comments

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