Professor Michael Burger in Huffington Post on an upcoming U.S. Supreme Court case that could make it harder for victims of hazardous pollutants to get justice.

Upcoming Events

 Law Immigration

 Law Immigration

18th Annual LAA Scholarship Golf Tournament
AUG
19
12:00 pm - 8:00 pm
Swansea Country Club, Swansea, MA
Free Practice LSAT Test
AUG
25
10:00 am - 1:30 pm
RWU Law Experiential Campus, 1 Empire Street, 4th Floor, Providence, RI 02903
Public Interest Potluck
SEP
08
5:30 pm - 7:30 pm
The Home of Laurie Barron & Dean Yelnosky
Info Session for Prospective Students
SEP
15
9:00 am - 12:00 pm
RWU Law- Main Campus, 10 Metacom Avenue, Bristol, RI 02809
Direct & Cross Examination Skills Program
SEP
27
2:00 pm - 3:00 pm
Federal Courthouse, One Exchange Terrace, Providence

Trending@RWULaw

08/17/2017
By Michael W. Donnelly-Boylen
Each year, I have the pleasure of welcoming the newest group of law students to Roger Williams University School of Law and introducing them to their classmates.  My staff and I read and...


Affordable Excellence at RWU LAW

Archives

Newsroom

Burger on Environmental Law

Professor Michael Burger in Huffington Post on an upcoming U.S. Supreme Court case that could make it harder for victims of hazardous pollutants to get justice.

From the HUFFINGTON POST:  “Supreme Court Could Make It Harder For Victims Of Hazardous Pollutants To Get Justice” by Lynne Peeples

ContaminationApril 16, 2014: […] Later this month, the Supreme Court will consider whether a federal environmental law that sets a different clock – one that starts ticking when a victim first learns of the contamination that likely caused his or her injury – should override the state law and allow the Asheville landowners' claims to move forward. CTS Corp. v. Waldburger turns on obscure legal terminology, but its implications for corporate America are significant. Big names are watching the case, including the American Chemistry Council, the National Association of Manufacturers, the American Coatings Association – and the U.S. Department of Justice.

Professor Michael Burger[…] Michael Burger, an expert in environmental law at Roger Williams University in Rhode Island, agrees with the landowners on this point.

"The report that ultimately led to the enactment of this part of CERCLA identified significant problems created for victims of toxic contamination by both statutes of limitations and statues of repose," Burger said, adding that Congress doesn't use the term "statute of repose" anywhere in its books. […]

Whichever way the Supreme Court rules, there could be potentially significant implications.

Burger suggested that a decision in favor of CTS would create "a perverse incentive" to pass statues of repose in states that want to lure certain types of industry. […]

For full story, click here.