2014 CPEO Brownfields List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: Wed, 9 Apr 2014 20:30:13 -0700 (PDT)
Reply: cpeo-brownfields
Subject: [CPEO-BIF] North Carolina court case - "statute of repose"
Obama admin, company align against N.C. dump's neighbors in Supreme Court showdown

Jeremy P. Jacobs
E&E reporter/Greenwire
April 8, 2014

ASHEVILLE, N.C. -- When her son was 11, Lee Ann Smith was told what no parent wants to hear: Your child has cancer.

Three years later, she braced for another diagnosis. Her younger son had developed a large bone tumor in his leg.


Smith formed an activist group dedicated to a cleanup. And, in 2011, she and two dozen of the site's neighbors filed a lawsuit against the plant's former owner -- CTS Corp. of Elkhart, Ind. -- seeking damages and hoping to force the company to take remedial action.

"CTS needs to be hit ... where it hurts," she said. "They are not going to be compelled by human decency to do the socially responsible thing."

Their case, CTS Corp. v. Waldburger, will be heard by the Supreme Court this month. CTS is attempting to use a technical legal argument to prevent the landowners from a full trial. The company claims that Asheville residents took too long to file their claims.


For the entire article, see


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918

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