In Guam v. United States, 141 S. Ct. 1608
(2021), the U.S. Supreme Court (SCOTUS) held that a settlement must
specifically resolve CERCLA liability to create a right to
contribution. The case centered on the Ordot Dump on the island of
Guam. The Navy constructed the dump in the 1940s and later turned
it over to Guam for use as a landfill. Discharges from the dump
triggered an EPA enforcement action under the Clean Water Act which
was resolved by a consent decree in 2004.
Thirteen years later, Guam sued the U.S. for the Navy's
disposal of hazardous waste at the dump. Guam brought both a
cost-recovery action under CERCLA § 107(a), 42 U.S.C. §
9207(a), and a contribution action under § 113(f), 42 U.S.C.
§ 9213(f). Section 113(f)(3)(B) allows any party that has
resolved liability for a “response action” with a state
or the U.S. to seek contribution from any party who is not part of
the settlement.
