U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale
By EsqSocial Corporation 08/06/21
Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the consent decree makes no mention of CERCLA? The Supreme Court answered no in its recent, unanimous decision in Territory of Guam v. United States, No. 20-382, 2021 WL 2044537 (U.S. May 24, 2021). This revives the potential for Guam to seek contribution from the U.S. Navy...
By: Stoel Rives LLP