News & Analysis as of September 23, 2024

Comprehensive Environmental Response, Compensation and Liability Act

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

The Federal Government says the 6th Circuit and 1st Circuit now have different Superfund rules but the Supreme Court shouldn't do...

Mintz on 8/25/2023

Anyone who has been practicing environmental law for more than a few years has had a case requiring a dive into the black hole that is CERCLA's statute of limitations which specifies the time within which someone seeking to...more

Does the Supreme Court have the stomach to tackle the super fun Superfund statute of limitations again?

Mintz on 2/28/2023

This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of limitations clock for the liable party to bring a contribution...more

Georgia Pacific Seeks Supreme Court Review of CERCLA Statute of Limitation

Smith Gambrell Russell on 8/12/2022

Georgia Pacific is filing a petition with the U.S. Supreme Court seeking to clarify the appropriate application of CERCLA’s statute of limitation to contribution actions. In the underlying case, the U.S. District Court in...more

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on 8/30/2021

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

Woods Rogers on 6/15/2021

In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more

U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions - Guam v. United States, No. 20-382 (May 24, 2021)

Robinson & Cole LLP on 6/8/2021

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...more

U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

Stoel Rives LLP on 6/8/2021

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...more

SCOTUS Seeks to Clarify Contribution Claims under CERCLA

Holland & Hart LLP on 6/3/2021

Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty...more

Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

Jackson Walker on 6/2/2021

In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require...more

SCOTUS Clarifies Scope of CERCLA Contribution Claims

Davis Wright Tremaine LLP on 6/1/2021

This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a...more

US Supreme Court: Settlement of CERCLA-Specific Liability Needed to Give Rise to CERCLA Contribution Claim

Morgan Lewis on 6/1/2021

Reversing the US Court of Appeals for DC Circuit, a unanimous US Supreme Court held that Guam’s settlement of Clean Water Act liabilities did not give rise to and trigger the statute of limitations to bring a Comprehensive...more

Supreme Court To DOJ: “No”

Cole Schotz on 5/28/2021

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 to give rise to a contribution action...more

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

Smith Gambrell Russell on 5/27/2021

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up...more

CERCLA contribution reach and the Guam do-over

Bricker Graydon LLP on 5/27/2021

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...more

Supreme Court Decides Guam v. United States

Faegre Drinker Biddle & Reath LLP on 5/27/2021

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...more

Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

Beveridge & Diamond PC on 5/26/2021

On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties...more

I Love It When SCOTUS Reminds Me How Clear and Unambiguous CERCLA Is

Foley Hoag LLP - Environmental Law on 5/25/2021

Yesterday, the Supreme Court ruled that only settlements that explicitly resolve liability under CERCLA trigger the contribution provisions of section 113 of CERCLA. I have previously commented on the Court’s tendency to...more

4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims

Pillsbury - Gravel2Gavel Construction & Real... on 3/30/2016

Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more

Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims

Beveridge & Diamond PC on 7/28/2014

The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

Latham & Watkins LLP on 6/23/2014

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

Supreme Court rules that statutes of repose may bar state tort claims under CERCLA

Saul Ewing Arnstein & Lehr LLP on 6/13/2014

On June 9, 2014, the United States Supreme Court, in CTS Corp. v. Waldburger, ruled that an individual state’s statute of repose is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of...more

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

Morrison & Foerster LLP on 6/12/2014

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

BakerHostetler on 6/12/2014

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

Davis Wright Tremaine LLP on 6/11/2014

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

Do Statutes of Repose Under CERCLA Really Require Supreme Court Review

Foley Hoag LLP - Environmental Law on 6/11/2014

Even Superfund lawyers are likely to find the Supreme Court’s decision yesterday in CTS Corporation v. Waldburger to be of limited interest. Unable to reach an agreement about a federal “toxic tort” cause of action, Congress...more

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Supreme Court of the United States › Statute of Limitations › Comprehensive Environmental Response, Compensation and Liability Act

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