U.S. Asks Supreme Court To Reject Guam CERCLA Contribution Challenge

摘要

The United States wants the Supreme Court to deny a petition from the government of Guam over the scope of the Superfund law's contribution clause, arguing a Clean Water Act (CWA) settlement with Guam blocks the territory from recouping cleanup costs under its preferred section of the Superfund law. In addition, the United States tells the high court in a Dec. 7 brief in opposition to Guam's petition for certiorari that "Contrary to petitioner's characterization .. . this is not an exceptional case in which this Court's intervention is needed to prevent a 'grossly unfair' result," noting the territory's significant contribution to waste disposed at the Ordot dump on Guam, a former U.S. Navy disposal site. Private-practice attorneys doubt the Supreme Court will take the case, given its highly selective nature in accepting cases for review.