Atlantic Richfield Company v. Asarco LLC

This case presents a question on which this Court has recently granted certiorari in Government of Guam v. United States, No. 20-382. Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) provides a cause of action for contribution to any “person who has resolved its liability to the United States or a State for some or all of a response action * * * in an administrative or judicially approved settlement.” 42 U.S.C. § 9613(f)(3)(B). The question presented by this petition is: Whether a judicially approved settlement that conclusively determines a party’s obligation to perform response actions “resolves its liability” for “some or all of a response action.” Because the Court has already granted review to consider this question, petitioner requests that this petition be held pending the Court’s resolution of Guam.