In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for a settling-party against
United States v. Palomar-Santiago (No. 20-437), Guam v. United States (No. 20-382), San Antonio v. Hotels.com (No. 20-334)
Three new decisions this week, each unanimous. First, in United States v. Palomar-Santiago (No. 20-437), the Court held that defendants charged with unlawfully reentering the United States following an order of removal can collaterally attack the validity of the
A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost
Only CERCLA Settlements Trigger CERCLA Contribution: Guam v. US
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)
Mysterious Drone Incursions Have Occurred Over U.S. THAAD Anti-Ballistic Missile Battery In Guam
Earlier this year, it came to The War Zone's attention that a series of bizarre and highly concerning events took place in the late Winter of 2019 at Andersen Air Force Base on the Island of Guam. As we understand
Mysterious Drone Incursions Have Occurred Over U.S. THAAD Anti-Ballistic Missile Battery In Guam
Earlier this year, it came to The War Zone's attention that a series of bizarre and highly concerning events took place in the late Winter of 2019 at Andersen Air Force Base on the Island of Guam. As we understand
Supreme Court grants Certiorari in Guam CERCLA Case
Earlier this month, the Supreme Court granted a petition for certiorari in Guam v. United States (No. 20-382), a case involving liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The case gives the Court an opportunity to
Consideration of Cumulative Impacts Can Be Deferred to a Later EIS
A recent Ninth Circuit decision offers guidance on evaluating connected actions and cumulative impacts under NEPA. The court held that an agency can defer consideration of an action’s cumulative impacts in an EIS when the agency makes clear that it
New Lawsuit Challenges Restrictions on V.I. Residents’ Voting Rights
A new lawsuit filed by six residents of the Virgin Islands and Guam is challenging laws that prohibit territorial residents from voting for president and a Congressional representative with voting powers, according to a news release from the nonprofit civil
Ninth Circuit Finds No Standing Where Alleged Injury Could Only Be Redressed by Renegotiating Treaty
In Tinian Women Ass’n v. U.S. Dep’t of the Navy, No. 18-16723 (9th Cir. Sept. 20, 2020), the Ninth Circuit affirms dismissal of an environmental-law claim concerning the relocation of American troops from Okinawa, Japan to Guam. Rather than