"Guam may pursue a Superfund cost recovery claim against the federal government for a $160 million landfill cleanup as its action was timely, the U.S. Supreme Court said Monday in a significant victory for the territory.
In a unanimous decision, the justices reversed a lower court and said Guam isn’t time-barred from pursuing the claim.
“We are thrilled with the Court’s decision in favor of Guam today, which paves the way for the United States to pay its fair share for the cleanup of the Ordot Dump,” Latham & Watkins lawyer Greg Garre, representing Guam, said in an email.
The opinion could affect parties facing non-Superfund claims they thought were time-barred, potentially exposing them to liability if those claims are revived, said Duke K. McCall III, partner at Morgan, Lewis & Bockius LLP in Washington."
Sylvia Carignan and Ellen M. Gilmer report for Bloomberg Environment May 24, 2021.
"Win For States: Ruling Lets Guam Bill U.S. For Dump Cleanup" (E&E News)