On April 1, the Frank G. Wells Environmental Law Clinic filed an amicus curiae brief on behalf of the Natural Resources Defense Council (NRDC) in the U.S. Supreme Court case CTS Corp. v. Waldburger. The case involves the rights of plaintiffs who have suffered latent personal injury or property damage as a result of hazardous waste contamination to seek recovery. At issue is a federal law that preempts state time limitations on bringing suit.
The Wells Clinic brief highlights the importance of preserving causes of action for injuries caused by toxic substances, which unlike most other tort harms may not become apparent until many years after contamination or exposure occurs. The brief argues that these latent injuries are precisely the kind that Congress was worried about when it enacted the federal law, and are thus deserving of the law's protections.