CERCLA Preemption of State Law Claims

Description

CERCLA cost recovery claims commonly include state law claims such as nuisance, negligence and contribution, which are often overlooked. The state law claims can be used to circumvent CERCLA contribution limitations for PRPs.

However, claimants have been attacking the inclusion of such state law claims with preemption challenges. Some courts have preempted state law claims that conflict with CERCLA's contribution scheme as well as those that conflict with CERCLA's requirement to remain consistent with the National Contingency Plan.

For instance, recent rulings indicate a trend that claims for unjust enrichment cannot proceed simultaneously with Superfund contribution claims under CERCLA's Section 113(f). Due to inconsistent court treatment among the district courts, however, counsel must understand the best use of the preemption challenge and how to survive such challenges.

Listen as our authoritative panel of environmental attorneys examines where CERCLA may preempt state law claims, discusses recent court treatment, and offers best practices for representing PRPs and surviving preemption challenges.