[20210616]LSB10609_最高法院澄清CERCLA关于补偿清理费用的规定.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Clarifies CERCLA Provisions for Recouping Cleanup Costs June 16, 2021 On May 24, 2021, the Supreme Court issued an opinion in Guam v. United States that could expand the ability to recover cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, the “Superfund” statute, provides two avenues for lawsuits to recoup costs for the cleanup of contaminated sites. The Guam decision clarified the relationship between these separate CERCLA provisions. This Sidebar explains CERCLAs framework for parties to recoup cleanup costs, discusses the Guam decision, and considers the implications of the decision. As discussed below, the Courts ruling allows the Territory of Guam to proceed with its cost-recovery claim against the United States for costs associated with cleaning up the Ordot Dump. More broadly, the ruling could expand parties ability to recover cleanup costs, particularly from federal agencies that bear some responsibility for contaminating a given site. It could also alter the scope and timing of settlement negotiations to