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McGrath Addresses One of 2014's Biggest Environmental Cases

Law360
July 2014

Charlotte Environmental Member Peter McGrath was quoted in Law360 on July 24, in the article “The Biggest Environmental Cases of 2014:  Midyear Report.”  The piece reviews some of the most notable environmental decisions of the year, covering the Clean Air Act, the Endangered Species Act, and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), among others.

McGrath specifically commented on the Supreme Court’s June ruling that involved North Carolina landowners and CTS Corp.  The ruling limited superfund pollution claims, declaring that CERCLA cannot preempt North Carolina’s law that prohibits litigation concerning pollution that is more than a decade old.

It gives states ways to limit the applicability of CERCLA within their own state… Whether they want to do that or not is a political question,” McGrath said.