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Guam Can’t Pursue Navy for Agent Orange, DDT Left in Landfill

Feb. 14, 2020, 6:40 PM

Guam waited too long to file Superfund claims for the cleanup of a landfill on the island where the U.S. Navy disposed of dangerous munitions and chemicals for decades, the federal appeals court for the District of Columbia ruled.

A 2004 Clean Water Act consent decree between Guam and the EPA for cleanup of Ordot Dump triggered a three-year statute of limitations to pursue a Superfund contribution claim, the U.S. Court of Appeals for the D.C. Circuit said Friday.

Guam can’t pursue a Superfund cost recovery claim under Section 107(a) of the Superfund law, which includes a more lenient statute...

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