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

Open Door Speaker Series - The Traditional Side of Things

Sounding the Alarm on Mass Incarceration

Open Door Speaker Series - The Traditional Side of Things

Sounding the Alarm on Mass Incarceration

22nd Annual Barrister’s Ball
FEB
28
6:30 pm - 11:30 pm
Omni Providence Hotel
New York Area Info Session
MAR
05
5:00 pm - 6:00 pm
The Ainsworth, 122 West 26th Street (btw 6th & 7th), New York, NY
New York City Alumni Networking Reception
MAR
05
6:00 pm - 7:30 pm
The Ainsworth, 122 West 26th Street (btw 6th & 7th), New York, NY
360°of a Large Corporate Deal
MAR
19
5:00 pm - 7:00 pm
RWU Law | Bristol, Rhode Island
Accepted Students Day
MAR
21
9:00 am - 3:15 pm
RWU Law, 10 Metacom Avenue, Bristol, RI 02809

Trending@RWULaw

02/24/2015
By Professor Emily Sack
On the evening of January 15, 2015, Oklahoma prisoner Charles Warner died by lethal injection, shortly after the Supreme Court denied his application for a stay of execution.  Warner had also...


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.