United States Fourth Circuit

Dismissal of plaintiffs' nuisance action alleging that defendant was responsible for concentrated levels of two solvents that have carcinogenic effects in their well water, is reversed and remanded, where the discovery rule articulated in section 9658 of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA), preempts North Carolina's ten-year limitation on the accrual of real property claims.

Appellate Information

• Decided 07/10/2013
• Published 07/10/2013

Judges

• FLOYD

Court

• United States Fourth Circuit

Counsel