[CPEO-MEF] LIABILITY: North Carolina court case - "statute of repose"

[Lenny Siegel <lsiegel@cpeo.org>]

Obama admin, company align against N.C. dump's neighbors in Supreme  
Court showdown

Jeremy P. Jacobs
E&E reporter/Greenwire
April 8, 2014

ASHEVILLE, N.C. -- When her son was 11, Lee Ann Smith was told what  
no parent wants to hear: Your child has cancer.

...

Smith formed an activist group dedicated to a cleanup. And, in 2011,  
she and two dozen of the site's neighbors filed a lawsuit against the  
plant's former owner -- CTS Corp. of Elkhart, Ind. -- seeking damages  
and hoping to force the company to take remedial action.

"CTS needs to be hit ... where it hurts," she said. "They are not  
going to be compelled by human decency to do the socially responsible  
thing."

Their case, CTS Corp. v. Waldburger, will be heard by the Supreme  
Court this month. CTS is attempting to use a technical legal argument  
to prevent the landowners from a full trial. The company claims that  
Asheville residents took too long to file their claims.

...

The Department of Justice claims it has a "substantial interest" in  
the precedent that could be set in the case, because it is facing  
nearly a dozen claims from former Marines and their families who were  
exposed to contaminated water at Marine Corps Base Camp Lejeune.


--

Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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