3  See also §113(f )(2) (“A person who has resolved its liability [in a] settlement shall not be liable for claims for contribution regarding matters addressed in the settlement” (emphasis added)); United States v. Atlantic Research Corp., 551 U. S. 128, 141 (2007) (“[S]ettlement [under §113(f )(2)] carries the inherent benefit of finally resolving liability as to the United States or a State” (emphasis added)). . The university offers programs in Business, Management, Computer Science, Education, Public . Thomas, J., delivered the opinion for a unanimous Court. 3-9. Seller 100% positive. Guam and the United States dispute liability for environmental hazards at the Ordot Dump, a site constructed on the island by the Navy in the 1940s and into which both parties allegedly have deposited waste over the decades. 20–382. for some or all of a response action" to instead mean "settled an environmental liability that might have been actionable under CERCLA." Found inside – Page 273( 8 ) The term “ State ” means each of the several States , the District of Columbia , the Commonwealth of Puerto Rico , Guam , American Samoa , the Virgin ... The Government observes that §113(f )(3)(B)—unlike the §113(f )(1) anchor provision—does not expressly demand a predicate CERCLA action. Found inside – Page 48United States. General Services Administration. Office of Administration. Table 9. - Real property leased to the Federal Government outside the United ... History of the United States is a 1921 book by American historian Charles A. Found inside – Page 114Ignacio v People of Territory of Guam ( 1969 , CA9 Guam ) 413 F2d 513 . United States v Harris ( 1969 , CA6 Tenn ) 412 F2d 471 ( admission of statement to ... That litigation ended in 2004, when Guam and the EPA entered into a consent decree. § 20310(5)). For respondent: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. Judgment REVERSED and case REMANDED. 11 U. S. 7 Cranch 382; United States v. Chemical Foundation, 272 U. S. 1 , 272 U. S. 12 . Guam and the United States dispute liability for environmental hazards at the Ordot Dump, a site constructed on the island by the Navy in the 1940s and into which both parties allegedly have deposited waste over the decades. . . Today's case involves §113(f )(3)(B) of the Act,1 which allows "[a] person who has resolved its liability to the United States or a State" in a settlement to seek "contribution"--that is, money from another responsible individual. Found inside – Page 255L. 99-396 substituted " Guam , the Northern Mariana Islands , and the Trust Territory of the Pacific Islands ( other than the Northern Mariana Islands ) ... 3–9. Brief amicus curiae of Atlantic Richfield Company filed. Similarly unavailing is the Government’s theory that a  tightly unified interpretation of these provisions would create surplusage problems. 950 F. 3d, at 116 (comparing Guam's obligations under the Clean Water Act decree to CERCLA's "definition of a 'remedial action' "). See Marx v. General Revenue Corp., 568 U. S. 371, 381 (2013); Entergy Corp. v. Riverkeeper, Inc., 556 U. S. 208, 222 (2009). 950 F. 3d 104, 109 (CADC 2020). . Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk. The court further held that a party eligible to pursue a contribution claim under §113(f) cannot assert a cost-recovery claim under §107(a), leaving Guam no CERCLA remedy. Id., at 96; cf. Found inside – Page 1356Sums appropriated under this section shall be treated in the same manner and be ... Guam , the Northern Mariana Islands , and the Trust Territory of the ... The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. In 2017, Guam sued the United States, arguing that it's responsible for some of the costs of the cleanup, which Guam estimates to be more than $160 million. Section 113(f)'s anchor provision--entitled "contribution"--explains the scope of contribution actions with reference to CERCLA's other provisions, allowing contribution "during or following any civil action under §[1]06 of this title or under §[1]07 of this title." 19-1039 PennEast Pipeline Co. v. New Jersey (2021-April-28). If a broad, textually undefined set of environmental settlements could start the clock on a §113(f )(3)(B) contribution action, a party who did not realize that his non-CERCLA settlement overlaps with a hypothetical CERCLA response action might fail to sue in time. The interlocking language and structure of the relevant text confirm this understanding. From 1903, the United States maintained military rule until the passage of the Guam Organic Act in 1950, which formally transferred power from the United States to Guam's newly formed civilian government. For Territory of Guam: Gregory Garre of Latham & Watkins For United States: Elizabeth Prelogar of the U.S . for some or all of a response action or for some  or all of the costs of such action.” (Emphasis added.) for some or all of a response action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any person who is not party to a settlement referred to in [§113(f )(2)].” §113(f )(3)(B). Party name: Territories of The Commonwealth Of The Northern Mariana Islands, et al. Pp. After Guam allegedly failed to comply with agency directives to remediate the site, the EPA sued under the Clean Water Act, asserting that Guam was " 'discharging pollutants . . Section 113(f)(3)(B)’s opening clause further ties itself to the CERCLA regime by permitting contribution after a party “has resolved its liability . The Environmental Protection Agency (EPA) and Guam entered into a consent decree in 2004 that resolved litigation filed by the EPA alleging violations of the Clean Water Act. Joint appendix filed. According to the D. C. Circuit, if a party can assert a contribution claim under §113(f ), it cannot assert a cost-recovery claim under §107(a). In fact, there is no "general federal right to contribution" whatsoever. for some or all of a response action or for some or all of the costs of such action." After all, “[s]tatutes must ‘be read as a whole,’ ” Atlantic Research, 551 U. S., at 135—an especially salient approach in this case given that CERCLA’s very title reinforces that it is a “Comprehensive” Act. Found inside – Page 52SHIPMENTS FROM THE UNITED STATES TO UNITED STATES TERRITORIES AND POSSESSIONS ... And Rodity description Uit of quantity Net quantity ( dolen ) GUAM ISLAND ... 166a. The decree in relevant part required Guam to pay a civil penalty and to take certain actions at the dump, and also stated that Guam's compliance would constitute full settlement and satisfaction of the civil claims of the United States as alleged in the EPA's complaint (i.e., claims under the Clean Water Act). But because the 2004 decree had triggered the since-expired 3-year statute of limitations for contribution actions, Guam had no remedy at all. for Cert. Copyright © 2021, Thomson Reuters. Rather than increase Guam's odds of recovery, however, the second legal theory led to the dismissal of its complaint. The case is Territory of Guam v. United States, 20-382. On Monday, the Supreme Court decided Territory of Guam v.United States, No. Argued April 26, 2021—Decided May 24, 2021. The Government’s con trary arguments fail given §113(f)(3)(B)’s place in CERCLA’s comprehensive statutory scheme. (3) the term "United States" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States; and Circuit Court of Appeals decision. That modest understanding is difficult to reconcile with the United States’ invitation to treat §113(f )(3)(B) as a free-roving contribution right for a host of environmental liabilities arising under other laws. The coronavirus disease 2019 (COVID-19) pandemic resulted in 5,817,385 reported cases and 362,705 deaths worldwide through May, 30, 2020, † including 1,761,503 aggregated reported cases and 103,700 deaths in the United States. Found inside – Page 3053Section 502 ( 2 ) ( A ) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696 ... and " ( V ) $ 4,000,000 for each project that generates renewable ... Section 113(f)(3)(B)'s opening clause further ties itself to the CERCLA regime by permitting contribution after a party "has resolved its liability . This chapter outlines U.S. Customs and Border Protection (CBP) requirements for export The most obvious place to look for that threshold liability is CERCLA's reticulated statutory matrix of environmental duties and liabilities. The most relevant corresponding sections of Title 42 of the U. S. Code are §9607 (§107 of CERCLA) and §9613 (§113 of CERCLA). The source document of this text is not known. Found inside – Page 161NHL . V Wass RI Conn 25 NY NJ .. ULC Onio Ind . 1281 83 159 i 287 ! American Samoa and Trust Territory , not shown separately . 161 No. 264. 956 F.3d 12 (1st Cir. A contribution suit does not exist in a vacuum, but rather is a tool for apportioning the burdens of a predicate “common liability” among the responsible parties. 8. 20-382. According to Guam’s complaint, the United States’ earlier use of the dump exposed it to liability on two fronts. The oral argument transcript, has been electronically received and filed. by the President, within the United States, including the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States or any political subdivision thereof. The United States later ceded control of the site to Guam, which itself used the dump as a public landfill. . This §113(f ) family of contribution provisions anticipates a predicate CERCLA liability, especially when properly read in “sequenc[e]” as “ ‘integral parts of a whole.’ ” New Prime Inc. v. Oliveira, 586 U. S. ___, ___ (2019) (slip op., at 4); see also Cooper Industries, Inc. v. Aviall Services, Inc., 543 U. S. 157, 167 (2004) (looking to “the whole of §113”). Found inside – Page 306acquired by adverse possession as against the United States , " a state , or local ... opinion supplemented , 332 U.S. 804 , 68 S. Ct . 20 , 92 L. Ed . 382 ... You acknowledge and agree that you are currently located within the territorial boundaries of the United States, Canada, or the United States territories of Puerto Rico, Guam, and the Virgin Islands. 3. 20-382 (May 24, 2021) Authored by Peter R. Knight In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the . . §113(f)(3)(B). Found inside – Page 2711United States Kenneth R. Thomas, Larry M. Eig. Taylor v . ... 769 Taylor v . Carryl , 61 U.S. ( 20 How . ) ... 420 , 2320 Territory of Guam v . No. 20-5904 Terry v. United States (2021-May-04). Rather than requiring parties and courts to estimate whether a prior settlement was close enough to CERCLA, the far simpler approach is to ask whether a settlement expressly discharged a CERCLA liability.4. For Territory of Guam: Gregory Garre of Latham & Watkins. We need only address the first point to decide this case.2 A settlement must resolve a CERCLA liability to trigger a contribution action under §113(f )(3)(B). NOVOAIR - Rewards Program. When complete click on Submit at the bottom of this page. For help during your trip, or with future travel plans, please reach out to our Reservations or Social Care team. to Pet. Rimini Street, Inc. v. Oracle USA, Inc., 586 U. S. ___, ___ (2019) (slip op., at 11) (“We have recognized that some redundancy is hardly unusual in statutes addressing costs” (internal quotation marks omitted)). Brief of respondent United States in opposition filed. Section 113(f )(3)(B)’s use of the familiar phrase “response action,” express cross-reference to another CERCLA provision, and placement in the statutory scheme prevent us from so easily severing it from the larger Act. SUPREME COURT OF THE UNITED STATES . The provision at issue here--recognizing a statutory right to contribution in the specific circumstance where a person "has resolved its liability" via "settlement," §113(f)(3)(B)--exists within "'the specific context'" of §113(f), which outlines the broader workings of CERCLA contribution. On Monday, the Supreme Court decided Territory of Guam v. United States, No. After Guam allegedly failed to comply with agency directives to remediate the site, the EPA sued under the Clean Water Act, asserting that Guam was “ ‘discharging pollutants . According to Guam's complaint, the United States' earlier use of the dump exposed it to liability on two fronts. Defense Transportation Regulation - Part V 23 August 2021 Department of Defense Customs and Border Clearance Policies and Procedures V-508-1 CHAPTER 508 UNITED STATES (U.S.) EXPORT REQUIREMENTS A. In 2017, Guam sued the United States, arguing that it's responsible for some of the costs of the cleanup, which Guam estimates to be more than $160 million. The case is Territory of Guam v . We need only address the first point to decide this case.2 A settlement must resolve a CERCLA liability to trigger a contribution action under §113(f )(3)(B). But Guam was not completely free. § Previous analyses during February-early April 2020 indicated that age ≥65 years and underlying health conditions were associated with a higher risk for severe . But relying on that functional overlap to reinterpret the phrase "resolved its liability . Virginia International University is a private institution founded in 1998. 'during or following' a specified civil action"). As the agreement explained, “the United States d[id] not waive any rights or remedies available to it for any violation by the Government of Guam of federal and territorial laws and regulations,” “[e]xcept as specifically provided [i]n [the decree].” App. In an email, Guam's attorney Gregory Garre said: "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." The case is Territory of Guam v. United States, 20-382. We granted certiorari. That distinction, so the argument goes, implies that a broader range of environmental liabilities can trigger §113(f )(3)(B). . The territory operated the landfill for the next 60 years, according to the Justice Department. Share: More In Pentagon & Congress 'Hi mom, I'm fine': How one Afghan interpreter escaped A small success story. The second was a "contribution" action under §113(f), which provides that a party that "has resolved its liability to the United States...for some or all of a response action or for some or all of the costs of such action in [a] settlement may seek contribution from any person who is not [already] party to a [qualifying] settlement." The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer. United States and its Territories (American Samoa, Guam, Johnston Atoll, Midway Islands, Northern Mariana Islands, Puerto Rico, US Virgin Islands and Wake Island), FEMA intends to process a volume of 150200 personnel - per site per day for screening. Found insidePolitical status of territory acquired in general . C . A . 9 ( Guam ) 1992 . Although Guam is not state , principles of federalism which underlie fed ... Atlantic Research, 551 U. S., at 135; see also Sturgeon v. Frost, 577 U. S. 424, 438 (2016). 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