The Discovery Rule: Fairness in Toxic Tort Statutes of Limitations

The costs associated with the disposal of toxic waste can be classified in two ways. The first category is made up of environmental losses such as the contamination of rivers, lakes, and ground water with the resulting destruction of aquatic life, wildlife, and vegetation and includes expenses incurred in cleanup. The second category is comprised of losses sustained by individuals and includes both property damage and physical injury resulting from direct or indirect contact with hazardous wastes. Injured individuals have two options in their pursuit of compensation: statutory and common law.

This Article argues that statutory recourse is not only inadequate but also often precludes common law means of redress. The first section addresses the shortcomings of third-party restitution under past and present legislation. The remaining sections outline the problems and inequities of statutes of limitations in the adjudication of hazardous waste torts.