Supreme Court of the United States
Guam v. United States
May 24, 2021593 U.S. 310
Summary
A unanimous Court, in an opinion by Justice Thomas, held that CERCLA §113(f)(3)(B) authorizes a contribution action only where a party has settled a CERCLA-specific liability, not merely an environmental liability arising under another statute such as the Clean Water Act. Because Guam's 2004 consent decree with the EPA resolved only Guam's Clean Water Act liability, it never triggered a CERCLA contribution claim, leaving Guam free to pursue a §107(a) cost-recovery action against the United States for the Ordot Dump. The Court reversed the D.C. Circuit's contrary judgment and remanded, expressly declining to opine on other portions of the lower court's reasoning that Guam did not challenge, such as its bar on concurrent §107(a) claims.