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Environment & Energy Report

Guam’s Landfill Superfund Suit Against U.S. Put on Hold

March 1, 2019, 7:22 PM

Guam’s $160 million Superfund cost recovery action against the U.S. related to a landfill formerly used by the federal government will be put on hold as a federal appeals court weighs whether the claims are barred.

The U.S. District Court for the District of Columbia asked the U.S. Court of Appeals for the D.C. Circuit to decide whether Guam’s 2004 Water Act settlement with the Environmental Protection Agency dooms its Superfund claim.

The federal circuits have split on the underlying question of whether an agreement that contains no admission of liability, and reserves the government’s right to sue, actually resolves...

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