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Supreme Court allows case against US for causing toxic waste pollution in Guam

JURIST

The US Supreme Court ruled Monday in Guam v. United States that a case against the US for causing toxic waste pollution in Guam may proceed. This case originated from a lawsuit by Guam against the US accusing the Navy of causing the contamination at the Ordot Dump. The Supreme Court unanimously ruled in favor of Guam.

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Is it too late for Guam to sue the Navy to pay for the cleanup of its dumpsite?

SCOTUSBlog

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. In 1944, Guam was recaptured by the U.S.

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Unanimous court revives Guam’s Superfund claim against U.S. Navy

SCOTUSBlog

Share The Supreme Court on Monday sided with Guam in its dispute with the federal government over the cleanup costs of toxic waste on the island. The case, Guam v. United States , involves the Territory of Guam’s efforts to require the U.S. United States , involves the Territory of Guam’s efforts to require the U.S.

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Court wrestles with Superfund contribution puzzle

SCOTUSBlog

Share Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. But the U.S.

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Reschedule Watch: Birthright citizenship and torts to members of the armed forces

SCOTUSBlog

People born in the other territories — Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled.

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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Recent Developments in the Medicaid Drug Rebate Program

FDA Law Blog

On May 21, the Pharmaceutical Research and Manufacturers of America (PhRMA) sued CMS on APA grounds, claiming that this change to the best price rule exceeds CMS’s statutory authority and is contrary to the Medicaid Rebate statute. Territories (American Samoa, Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands).