Category: Uncategorized

By: Jay Tufano In a unanimous decision delivered by Justice Thomas, Territory of Guam v. United States, No. 20-382, 2021 WL 2044537 (U.S. May 24, 2021), the United States Supreme Court clarified that to trigger CERCLA’s contribution protections under 42 U.S.C. § 9613 (f), a party must settle a CERCLA-specific claim with United States (i.e.,…

By: Jay Tufano In the latest of a three-decade old saga involving the McColl Superfund Site in Fullerton, California, the Central District of California granted summary judgment in favor of the United States to recover some $49.8 million from Shell Oil Company and several other oil companies (collectively “Oil Companies”) in a CERCLA cost recovery action….

By: Jay Tufano The Ninth Circuit, in Arconic, Inc. v. APC Inv. Co., No. 19-55181, 2020 WL 4579511 (9th Cir. Aug. 10, 2020), recently weighed in on the statute of limitations defense in contribution actions arising under CERCLA section 113(g) (42 U.S.C. 9613 (g).) The panel held that a party’s settlement with EPA for one…

The United States Supreme Court in County of Maui v. Hawaii Wildlife Fund, 590 U.S. ___ (2020) issued a landmark decision involving the Clean Water Act (CWA), holding that a permit is required when there is a direct discharge of a pollutant from a point source or when there is a “functional equivalent” into navigable…