Toxic waste can cause injuries, like latent illness and concealed property harm, which don't become apparent until years after exposure occurs. If too much time passes, however, plaintiffs may no longer have a remedy for these harms, in part because of so-called "statutes of repose" (a variation on the traditional statute of limitations). Today's Daily Journal features an editorial by Jesse Lueders, Emmett Frankel Fellow at the Emmett Institute, regarding a case that will decide whether the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows toxic tort plaintiffs to bring claims for latent injuries after the expiration of such periods.
The text of his editorial is available here. The Frank G. Wells Environmental Law Clinic filed an amicus curiae brief in this case, on behalf of the Natural Resources Defense Council, which is available here.