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Dickson Interviewed by Law360 on High Court's CERCLA Preemption Ruling

6/16/2014

Adams and Reese Partner Jim Dickson, in the firm’s St. Petersburg office, was interviewed by Law360, a New-York based legal publication, on the United States Supreme Court finding that the Comprehensive Environmental Response, Compensation and Liability Act does not preempt a North Carolina law prohibiting claims related to pollution that occurred more than 10 years ago. The case was CTS Corp. v. Waldburger.

“The Supreme Court’s 7-2 decision in CTS Corp. v. Peter Waldburger et al, is neither surprising nor should it substantially impact environmental litigation,” Dickson said. “The court held that preemption provisions of CERCLA did not apply to statutes of repose which barred tort damages asserted by property owners for events occurring more than 24 years previously. The court, applying statutory language, reversed the 4th Circuit while following most lower court rulings. This holding has limited impact because few states have repose statutes for such environmental injuries. Moreover, the decision has no effect on federal claims or on state claims not subject to repose statutes.”

Dickson focuses his practice on construction law, environmental law and commercial litigation, representing owners, contractors, subcontractors and suppliers in all aspects of construction law, including bidding, contract preparation and negotiation, surety bonds, claim resolution, mediation, arbitration, and litigation. He further represents clients in a broad array of environmental matters concerning hazardous substances, contaminated property, Brownfields, asbestos, RCRA, CERCLA, and toxic torts. He also practices in land use, title, trade regulation, commercial litigation and general business negotiations. 

Dickson served on the steering committee at a number of Superfund Sites from 1984 through the present. He routinely advises clients on responses to 104(e) requests under CERCLA and has often assisted clients in response to notices of RCRA or NPDES violations and has negotiated many Consent Orders.

 

As an adjunct professor at Stetson University School of Law, Dickson teaches Environmental Hazards Associated with Real Property, which addresses common issues such as liability for contaminated soil and groundwater; control and disposal of hazardous wastes; the duty to report contamination; the scope of amnesty in Florida petroleum and dry cleaning programs; use of Brownfields’ incentives in the redevelopment of property; asbestos and lead regulations; risk allocation by contract or insurance.