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Showing 2 posts in North Carolina.

Fourth Circuit “Decline[s] to Hit Pause” on Pipeline Project Involving Trenching Through Streams and Wetlands
Posted on May 29, 2026 by: Sean C. Kellem

In an Order issued on May 18, 2026, the United States Court of Appeals for the Fourth Circuit denied a motion for a stay pending appeal filed by a coalition of environmental groups, who sought to halt the construction of a pipeline project in Virginia and North Carolina. Read More »

Fourth Circuit Determines That "Disease" Is Not "Personal Injury;" North Carolina Statute of Repose Is No Bar To Suit
Posted on March 7, 2016 by: Garrett D. Trego

In 2014, we covered the United States Supreme Court’s decision in CTS Corp. v. Waldburger et al., 134 S. Ct. 2175 (June 9, 2014).  In Waldburger, the Court overturned a decision by the Fourth Circuit, and held that while CERCLA preempts state statutes of limitations in toxic tort personal injury and property damage actions, it does not preempt state statutes of repose, like the North Carolina statute of repose at issue, from barring similar actions.    Last week, in Stahle v. CTS Corp., No. 15-1001 (March 2, 2016), the Fourth Circuit addressed an even more basic question, whether the statute of repose at issue in Waldburger is even applicable in such cases.  Read More »

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