Guam v. United States

The Court decided that Guam's 2004 Clean Water Act consent decree did not trigger CERCLA's contribution provision. Guam can pursue a CERCLA claim seeking federal help with Ordot Dump cleanup costs.

Justice Thomas wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett.

Majority

Thomas

Roberts

Breyer

Alito

Sotomayor

Kagan

Gorsuch

Kavanaugh

Barrett

The decision affects governments and companies that settle pollution claims under laws other than CERCLA, the federal hazardous-waste cleanup law. For example, Guam may seek to make the United States share cleanup costs for a landfill the Navy created and used.

The Supreme Court has finished this case. Guam can pursue its CERCLA claim seeking federal participation in the Ordot Dump cleanup costs.

The Court decided that Guam's Clean Water Act settlement did not trigger CERCLA's contribution provision. Guam can pursue its CERCLA claim against the United States.

Governments and companies settling environmental claims may be affected. A settlement under another pollution law may not automatically start CERCLA's cost-sharing rules.

The Supreme Court has completed its work on the case. Guam can pursue its CERCLA claim seeking federal help with landfill cleanup costs.