Guam v. United States (20-382)
argument 20-382Guam v. United States
Supreme Court of the United States
52 min
7 speakers
8 chapters
transcribed 7 days ago
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What is the central dispute over Section 113 F 3 B in the Guam v. United States case?
We will hear argument next in case twenty three hundred and eighty two, Territory of Guam versus United
States. Mr Garr. Thank you, Mr. Chief Justice, and may it please the court. The United States made a strategic decision to steer the cleanup of the Ordot dump away from Circla and to Sugua and Sugwam under the Clean Water Act instead. No doubt to insulate itself from liability for its own role in building and using the dump. Yet now the United States claims that the party's Clean Water Act settlement nevertheless triggered a circ a circular contribution claim, a claim under the very statute it sought to avoid. That's wrong for two independent reasons. First, Section one hundred thirteen F three B of Circla requires the resolution of Circla liability to trigger a Circla contribution claim. Section one hundred thirteen F three B is part of an integrated circular contribution provision.
Read in context, the phrase resolved its liability naturally refers to circla liability, and that reading squares with traditional contribution principles which require the resolution of a common liability. The common liability that triggers a circular contribution claim is circla liability. The United States contrary interpretation depends upon construing Section one hundred thirteen F. three B as if it were an island ripped from its context. It creates the untenable result that the meaning of the phrase resolved its liability changes from one paragraph of Section one hundred thirteen F to the next, and it manufactures an unprecedented contribution right that does not require a common liability and can be triggered even when the defendant is immune from liability on the settled claim.
as the United States was here. None of that makes any sense. And second, the United States position also fails because the party's Clean Water Act settlement simply does not resolve Guam's liability for a response action. Under the plain terms of the decree, Guam was just as exposed to liability for a response action after the decree as it was before, including under Circ Circla itself. I welcome the court's question.
Uh Mr. Garr, under uh the position of the United States uh points out uh uh points out an incongruity uh in in your position. which is that you want to imply uh a term like uh under circla uh into uh uh section one hundred thirteen. But you're bringing this the case um uh under section one hundred seven yourself where you don't want to imply uh such a term. I just wanted to make sure I have your response to that.
Well, the question is whether the settlement of the Clean Water Act triggered a contribution right under section one hundred thirteen F three B and that depends on whether or not it resolved liability under CERCLA. I don't think there's any inconsistency in our view. Everybody agrees that if the settlement didn't trigger 113 uh three B then we are entitled to proceed under section one hundred seven A for the recovery of cost.
You uh articulate this theory of statutory interpretation that centers upon what you uh call an anchor provision. And I'm I'm not quite sure where that fits in our sort of list of statutory guidelines. I I gather it's not quite a uh defined term, but it's also not a term of art. Uh What's the the best authority that you can point me to where you have the kind of analysis that you're asking us to adopt here?
Well, I would point you to the cardinal rule that provisions have to be construed in context and in light of their surrounding provisions. So here, one thirteen F three B is part of an integrated circle contribution provision. And it makes sense to read the language, the key phrase resolved its liability and how that is used throughout the statute. And if you look at one thirteen F, it starts by establishing an F one the liability that that matters and that's circulal liability. And then in each provision thereafter it uses the phrase resolved its liability. And the government doesn't dispute that resolved its liability in F two means circular liability and there's no reason it would have any different meaning in F three B.
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Chapters
8 chapters
1
What is the central dispute over Section 113 F 3 B in the Guam v. United States case?
0:00–7:48
2
How does the United States argue that the Clean Water Act settlement triggers a CERCLA contribution claim?
7:48–14:16
3
What concerns do the Justices raise about the interpretation of “resolved its liability” across the statute?
14:16–19:53
4
How does Guam’s counsel explain why the settlement does not extinguish liability for response actions?
19:53–26:43
5
What is the debate over preemption of state cost‑recovery regimes by the federal contribution provision?
26:43–33:45
6
How do the parties use the “anchor provision” and context rule to interpret the statute?
33:45–39:58
7
What are the implications of adopting Guam’s interpretation for future environmental settlements?
39:58–45:45
8
How do the Justices conclude the oral argument and what are the next steps for the case?
45:45–52:35