In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger contribution rights under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The Court’s unanimous opinion in Territory of Guam v. United States, written by Justice Clarence Thomas, provides important guidance for parties that have entered into consent agreements and other regulatory settlements and are seeking to recover response costs from responsible parties. The case also discusses important distinctions between CERCLA causes of action and the applicable statute of limitations for each.
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