Page 141 - Liability Act News Today

This week the Supreme Court decided Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), and held that contribution claims under section 113(f)(3)(B) of the Comprehensive...

On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required...

State issues proposal to ban hydraulic fracturing - The Bakersfield Californian – May 24 - California oil regulators last Friday publicly released a draft...

Manufacturing, industry, waste management, construction, utilities, and insurance sectors will all be significantly impacted within the next year due to a number of federal and state-level actions underway with respect to PFAS regulations.

On May 24, 2021, the U.S. Supreme Court released its opinion in the Territory of Guam v. United States case. At issue was whether Guam could maintain a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 113 contribution action based on a previous settlement with U.S. EPA under the Clean Water Act (CWA). While the ultimate remedy and clean-up of the facility in question was essentially the same under the CWA settlement as it would be under CERCLA, the Court h...

On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability under other environmental laws. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) establishes a complex statutory scheme for responding to and resolving environmental hazards. As relevant here, CERCLA also establishes two remedi...

The designation would pave the way toward increased federal attention and possibly funds for the cleanup effort in Bear Creek.

In Guam v. United States, the Court addressed the trigger for a contribution action under § 113(f)(3)(B) in the common context of a government settlement that does not specify the resolution of CERCLA liability.

CASE OF THE MONDAYS.

Monday, May 24, 2021 On Monday, the Supreme Court decided  Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(3)(B). The practice take-away is that settlement documents that do not expressly recite that the gov...