SCOTUS Clarifies Scope Of CERCLA Contribution Claims

This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a settlement must resolve a CERCLA liability, and not liability under some other environmental statute, to trigger a contribution action under CERCLA. The Court refused to "treat 113(f)(3)(B) as a free-roving contribution right for a host of environmental liabilities arising under other laws."

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), sometimes referred to as the Superfund law, is complex and has been the subject of many important federal cases interpreting its interwoven provisions. Among the most litigated provisions under CERCLA is Section 113, which allows for a liable party to sue a third party for contribution under certain circumstances. In essence, Section 113 allows a responsible party (or group