On Nov. 19, 2008, the Ninth Circuit Court of Appeals held that a Superfund provision that adds a discovery rule to the deadline for filing a state damages action stemming from a hazardous substance release applies to state statutes of repose as well as state statutes of limitations. The decision marks the first time the Ninth Circuit has addressed the applicability of CERCLA to state statutes aimed at barring untimely suits. Three years ago, the Fifth Circuit ruled that the Superfund discovery rule provision applies only to state statutes of limitations and not statutes of repose dealing with stale suits. The Ninth Circuit says the legislative history of the provision shows Congress intended it to include both statutes of limitations and statutes of repose.

Link to McDonald v. Sun Oil Co. opinion.

Download Burlington v. Poole opinion.