News & Analysis as of September 22, 2024

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

+ Follow

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 -

EPA’s ‘Forever Chemicals’ Rule at Risk Without Chevron Deference

Lathrop GPM on 7/30/2024

The US Supreme Court’s June 28 decision to end judicial deference to agencies’ reasonable interpretations of laws comes at a pivotal time for new regulations related to “forever chemicals”—per- and polyfluoroalkyl substances...more

Lessons in Chemistry: SCOTUS Declines Review in OPA Case

Oliva Gibbs LLP on 4/18/2024

The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 10

Dechert LLP on 10/31/2023

Senators Focus Attention on Litigation Funding’s Opacity - Building on the momentum we previously noted related to litigation funding, on September 14, Senator John Kennedy introduced the Protecting Our Courts from Foreign...more

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

Will Environmental Justice Programs Be Affected by SCOTUS’s Affirmative Action Decisions?

ArentFox Schiff on 7/7/2023

In the United States, environmental and public health measures often correlate to variables like education, income, and a community’s racial makeup. In the five decades since Congress began to create comprehensive...more

Seeking Certainty: Redefining “Waters of the United States”

Pillsbury Winthrop Shaw Pittman LLP on 3/10/2023

The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...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

Ten Environmental and Energy Issues to Watch in 2023

ArentFox Schiff on 12/15/2022

What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...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

A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

Pillsbury - Gravel2Gavel Construction & Real... on 5/28/2021

This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - BP PLC, et al. v Mayor and City of Baltimore The issue the court confronted was a...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

Supreme Court to Decide Superfund Case with Significant Implications Regarding the Timing of CERCLA Contribution Claims

Beveridge & Diamond PC on 1/18/2021

The U.S. Supreme Court will once again wade into the scope and meaning of CERCLA, granting Guam’s petition for certiorari in Territory of Guam v. United States, No. 20-382, petition for cert. granted (U.S. Jan. 8, 2021). This...more

77 Results

View per page

Page: of 4

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

"My best business intelligence, in one easy email…"