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ARTICLE · 30 JULY 2021

Guam v. U.S. And CERCLA Claims In New Jersey

Riker, Danzig, Scherer, Hyland & Perretti
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The recently concluded Supreme Court term was an exciting one for environmental lawyers, as the Court in Guam v. United States made a rare foray into interpreting the Comprehensive Environmental Response...

United StatesEnvironment
Michael S. Kettler
Michael S. Kettler

Cost Recovery or Contribution?  Impacts of Guam on the Timeliness of CERCLA Claims in the Third Circuit and New Jersey

The recently concluded Supreme Court term was an exciting one for environmental lawyers, as the Court in Guam v. United States made a rare foray into interpreting the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), specifically considering the impact of certain settlements on statutes of limitations under CERCLA.  As in its 2004 decision in Cooper Industries v. Aviall Services, the Court's interpretation of CERCLA in Guam differed from the previously prevailing interpretation of most federal circuits.  That is, the Court overruled prior decisions of several federal circuits, including the Third Circuit, and held that settlements of liability under environmental laws other than CERCLA do not trigger a contribution claim under CERCLA section 113.  In so doing, the Court revived Guam's $160 million CERCLA claim against

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