The Comprehensive Environmental Response, Compensation, and Liability Act, 42
U.S.C § 9601 et seq. (“CERCLA”), commonly referred to as “Superfund,” is a federal statute
that provides funding and cost-recovery to address our nation’s worst hazardous-waste
sites. While CERCLA generally vests United States District Courts with exclusive original
jurisdiction over all related controversies, section 113(h) of the Act delays such jurisdiction
while the United States Environmental Protection Agency supervises or undertakes
environmental response action plans. What impact does this delayed federal jurisdiction
have on state law claims brought in state courts? Short answer: “You’re out of here!”
Litigants are precluded from bringing claims in state court that “challenge” environmental
response actions under CERCLA during the pendency of those actions.

Reprinted courtesy of Joshua J. Anderson, Newmeyer & Dillion LLP and John E. Van Vlear, Newmeyer & Dillion LLP
Mr. Anderson may be contacted at joshua.anderson@ndlf.com
Mr. Van Vlear may be contacted at john.vanvlear@ndlf.com