A bill to clarify the effect of State statutes of repose on the required commencement date for actions unde...
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S 2542 — A bill 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.
Last action — Read twice and referred to the Committee on Environment and Public Works.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
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.)
Bill Text
We don't have the full text on file for this bill yet.
Read S 2542 on the official United States source →Action History
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Read twice and referred to the Committee on Environment and Public Works.
Sponsors
- Kay Hagan · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Kay Hagan Democrat
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does S 2542 do?
- 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.)
- Who sponsors S 2542?
- S 2542 is sponsored by Kay Hagan (Democrat).
- What is the current status of S 2542?
- This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track S 2542?
- Track S 2542 free on One Click Politics — get push/email alerts when it moves.
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