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]
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.)
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
Rep. G. Butterfield [D-NC] | Rep. John Dingell [D-MI] | Rep. David Price [D-NC] | Rep. Paul Tonko [D-NY] |
Rep. Henry Waxman [D-CA] |
History
Date | Chamber | Action |
---|---|---|
2014-07-21 | House | Referred to the Subcommittee on the Constitution and Civil Justice. |
2014-06-27 | House | Referred to the Subcommittee on Water Resources and Environment. |
2014-06-26 | House | Referred to House Judiciary |
2014-06-26 | House | Referred to House Transportation and Infrastructure |
2014-06-26 | House | Referred to House Energy and Commerce |
2014-06-26 | House | Referred 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
Civil actions and liability
Environmental protection
Federal preemption
Hazardous wastes and toxic substances
Pollution liability
State and local government operations
Environmental protection
Federal preemption
Hazardous wastes and toxic substances
Pollution liability
State and local government operations
US Congress State Sources
Type | Source |
---|---|
Summary | https://www.congress.gov/bill/113th-congress/house-bill/4993/all-info |
Text | https://www.congress.gov/113/bills/hr4993/BILLS-113hr4993ih.pdf |