Judge: Government Can Appeal Ruling Allowing Guam’s Cost-Recovery Claim

Mealey's (March 4, 2019, 1:46 PM EST) -- WASHINGTON, D.C. — A federal judge in the District of Columbia on Feb. 28 granted the federal government’s motion for leave to appeal an Oct. 5 decision denying its motion to dismiss the government of Guam’s claim for cost recovery under Section 107(a) of the a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), explaining that there is substantial ground for a difference of opinion with regard to how the court interpreted a 2004 settlement agreement between Guam and the U.S. Environmental Protection Agency and whether the agreement allowed Guam to pursue the claim (Government of Guam v. United States, No. 17-cv-2487, D. D.C., 2019 U.S. Dist. LEXIS)....