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Monday, May 24, 2021 On Monday, the Supreme Court decided  Territory of Guam v. United States, No. 20-382 (U.S. May 24, 2021), attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(3)(B). The practice take-away is that settlement documents that do not expressly recite that the government’s CERCLA claims are resolved may not trigger contribution rights. In Guam’s case, that was a good thing. Guam ended up owning a landfill that had been used by the Navy for years. The landfill leaked, and Guam entered into a Clean Water Act consent decree under which the Territory agreed to implement what would, were the enforcement program CERCLA, have been a response to the releases from the landfill. Well beyond three years from that consent decree, Guam sought to reallocate so

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