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SUPREME COURT OF THE UNITED STATES
_________________
No. 20–382
_________________
TERRITORY OF GUAM, PETITIONER
v. UNITED
STATES
on writ of certiorari to the united states
court of appeals for the district of columbia circuit
[May 24, 2021]
Justice Thomas delivered the opinion of the
Court.
The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, commonly known as CERCLA,
establishes a complex statutory scheme for responding to certain
environmental hazards. 94Stat. 2767, as amended, 42
U. S. C. §9601
et seq. Several of its
provisions address what is often the crucial question in a remedial
action: Who pays?
Today’s case involves §113(f )(3)(B) of the
Act,[
1] which allows “[a]
person who has resolved its liability to the United States or a
State” in a settlement to seek “contribution”—that is, money from
another responsible individual. The question is whether a party
must resolve a CERCLA-specific liability in order to trigger this
right, or whether a broader array of settlements involving
environmental liability will do. We hold that CERCLA contribution
requires resolution of a CERCLA-specific liability.
I
Guam and the United States are engaged in a
long-running dispute over the Ordot Dump, a “ ‘280-foot
mountain of trash’ ” near the center of the island. 950 F.3d
104, 109 (CADC 2020). The Navy constructed the dump in the 1940s,
and then allegedly deposited toxic military waste there for several
decades. The United States later ceded control of the site to Guam,
which itself used the dump as a public landfill. But that did not
end the Federal Government’s involvement. In the late 20th century,
the Environmental Protection Agency (EPA) determined that the dump
posed an ecological hazard. After Guam allegedly failed to comply
with agency directives to remediate the site, the EPA sued under
the Clean Water Act, asserting that Guam was “ ‘discharging
pollutants . . . into waters of the United States without
obtaining a permit.’ ”
Ibid.
That litigation ended in 2004, when Guam and the
EPA entered into a consent decree. The decree required Guam, among
other things, to pay a civil penalty and to close and cover the
dump. Guam’s compliance would, in turn, be “in full settlement and
satisfaction of the civil judicial claims of the United States
. . . as alleged in the Complaint”—that is, claims under
the Clean Water Act.
Id., at 116. But Guam was not
completely free. As the agreement explained, “the United States
d[id] not waive any rights or remedies available to it for any
violation by the Government of Guam of federal and territorial laws
and regulations,” “[e]xcept as specifically provided [i]n [the
decree].” App. to Pet. for Cert. 166a.
Thirteen years later, it was Guam’s turn to
sue—this time under CERCLA. According to Guam’s complaint, the
United States’ earlier use of the dump exposed it to liability on
two fronts. The first was a cost-recovery action under §107(a),
which allows a State (or here, a Territory), to recover “all costs
of [a] removal or remedial action” from “any person who at the time
of disposal of any hazardous substance owned or operated any
facility at which such hazardous substances were disposed of.” See
also §101(27). The second was a §113(f ) “contribution”
action. Under that provision, a “person who has resolved its
liability to the United States . . . for some or all of a
response action or for some or all of the costs of such action in
[a ] settlement may seek contribution from any person who is
not [already] party to a [qualifying] settlement.”
§113(f )(3)(B).
Rather than increase Guam’s odds of recovery,
however, the second legal theory led to the dismissal of its
complaint. According to the D. C. Circuit, if a party
can assert a contribution claim under §113(f ), it
cannot assert a cost-recovery claim under §107(a). See 950
F. 3d, at 111. The court then determined that Guam possessed a
contribution claim—at least at one point—because the remedial
measures and conditional release in the Clean Water Act decree
sufficiently “ ‘resolved Guam’s liability’ ” for the
dump.
Id., at 114–117 (brackets omitted). But because the
2004 decree had triggered the since-expired 3-year statute of
limitations for contribution actions, Guam had no remedy at all.
Id., at 107, 117; see also §113(g)(3). We granted
certiorari. 592 U. S. ___ (2021).
II
Guam now attacks two links in this chain of
reasoning: First, Guam retreats from its complaint and argues that
it
never had a viable contribution claim under
§113(f ), leaving it free to pursue a cost-recovery action
under §107(a). The reason, argues Guam, is that a contribution
claim arises only if a settlement resolves liability under CERCLA,
and not under some other law such as the Clean Water Act. Second,
Guam contends that even if resolution of a non-CERCLA liability is
enough, the decree did not adequately “resolve”
any sort of
liability because Guam did not formally admit responsibility and
because the agreement left Guam open to future enforcement
action.
We need only address the first point to decide
this case.[
2] A settlement must
resolve a CERCLA liability to trigger a contribution action under
§113(f )(3)(B).
Our analysis focuses on the totality of
subsection 113(f ), which governs the scope of a
“contribution” claim under CERCLA. This subsection begins with an
anchor provision—entitled “contribution”—that allows “[a]ny person
[to] seek contribution from any other person who is liable or
potentially liable under section [1]07(a) of [CERCLA], during or
following any civil action under section [1]06 of [CERCLA] or under
section [1]07(a) of [CERCLA].” §113(f )(1). It next describes
how parties can insulate themselves from contribution, explaining
that “[a] person who has resolved its liability to the United
States or a State in an administrative or judicially approved
settlement shall not be liable for claims for contribution
regarding matters addressed in the settlement.” §113(f )(2).
And finally, it discusses the treatment of “[p]ersons not party to
[a] settlement.” §113(f )(3). Most relevant here, “[a] person
who has resolved its liability to the United States . . .
for some or all of a response action or for some or all of the
costs of such action in an administrative or judicially approved
settlement may seek contribution from any person who is not party
to a settlement referred to in [§113(f )(2)].”
§113(f )(3)(B).
That this subsection centers on and is entitled
“contribution” is the first clue that it is concerned only with the
distribution of CERCLA liability. A contribution suit does not
exist in a vacuum, but rather is a tool for apportioning the
burdens of a predicate “common liability” among the responsible
parties.
United States v.
Atlantic Research Corp.,
551 U.S.
128, 138–139 (2007); see also
Northwest Airlines, Inc.
v.
Transport Workers,
451 U.S.
77, 86–87 (1981). The most obvious place to look for that
threshold liability is CERCLA’s reticulated statutory matrix of
environmental duties and liabilities. Cf.
Burlington N. & S.
F. R. Co. v.
United States,
556 U.S.
599, 610 (2009) (“[Section 107(a)(3)] liability may not extend
beyond the limits of the statute itself ”). After all,
“[s]tatutes must ‘be read as a whole,’ ”
Atlantic
Research, 551 U. S., at 135—an especially salient approach
in this case given that CERCLA’s very title reinforces that it is a
“Comprehensive” Act.
Remaining within the bounds of CERCLA is also
consistent with the familiar principle that a federal contribution
action is virtually always a creature of a specific statutory
regime. See
Northwest Airlines, 451 U. S., at 90–91,
95–97 (noting a “narrow exception” for admiralty cases). In fact,
there is no “general federal right to contribution” whatsoever.
Id., at 96; cf.
Middlesex County Sewerage Authority
v.
National Sea Clammers Assn.,
453 U.S.
1, 13–15 (1981) (refusing to “assum[e] that Congress intended
to authorize by implication additional judicial remedies for
private citizens suing under [two environmental statutes]”). That
modest understanding is difficult to reconcile with the United
States’ invitation to treat §113(f )(3)(B) as a free-roving
contribution right for a host of environmental liabilities arising
under other laws.
The interlocking language and structure of the
relevant text confirm this understanding. The provision at issue
here—§113(f )(3)(B)—recognizes a statutory right to
contribution in the specific circumstance where a person “has
resolved its liability” via “settlement.” But as explained above,
this entitlement to postsettlement contribution does not stand
alone. On the contrary, §113(f )(3)(B) exists within
“ ‘the specific context’ ” of subsection (f ), which
outlines the broader workings of CERCLA contribution.
Merit
Management Group, LP v.
FTI Consulting, Inc., 583
U. S. ___, ___ (2018) (slip op., at 11).
This §113(f ) family of contribution
provisions anticipates a predicate CERCLA liability, especially
when properly read in “sequenc[e]” as “ ‘integral parts of a
whole.’ ”
New Prime Inc. v.
Oliveira, 586
U. S. ___, ___ (2019) (slip op., at 4); see also
Cooper
Industries, Inc. v.
Aviall Services, Inc.,
543 U.S.
157, 167 (2004) (looking to “the whole of §113”). The
§113(f )(1) anchor provision is especially clear on this
point, allowing contribution “during or following any civil action
under §[1]06 of this title or under §[1]07 of this title.” See also
id., at 166 (“The natural meaning of [§113(f )(1)] is
that contribution may only be sought . . . ‘during or
following’ a specified civil action”). And though §§113(f )(2)
and 113(f )(3) are not quite as explicit, their phrasing and
context still presume that a CERCLA liability is necessary to
trigger contribution.
Section 113(f )(2), for example, explains
that a settlement by one party “does not discharge any of the other
potentially liable persons unless its terms so provide.”
(Emphasis added.) The highlighted phrase is a “natural referent” to
the text of the anchor provision,
United States v.
Briggs, 592 U. S. ___, ___ (2020) (slip op., at 3),
which creates a CERCLA-specific contribution right against “any
other person who is liable or
potentially liable under
§[1]07 of [CERCLA],” §113(f )(1) (emphasis added).
Section 113(f )(3)(B)—the provision at
issue here—also has language that is best “understood only with
reference” to the CERCLA regime.
Atlantic Research, 551
U. S., at 135; see also
Sturgeon v.
Frost, 577
U.S. 424, 438 (2016). The provision’s final clause explains that
contribution is available “from any person who is not party to a
settlement referred to in [§113(f )(2)].” As discussed above,
§113(f )(2) in turn mirrors the §113(f )(1) anchor
provision that requires a predicate CERCLA liability. Section
113(f )(3)(B)’s opening clause separately ties itself to the
CERCLA regime by permitting contribution after a party “has
resolved its liability . . . for some or all of a
response action or for some or all of the costs of
such
action.” (Emphasis added.) Not only does the anchor provision
also discuss allocation of “response costs,” §113(f )(1), but
the phrase “response action” is a familiar CERCLA phrase that
appears dozens of times throughout the Act.
E.g., §101 (12
appearances); §107 (17 appearances).
To be sure, as the Government points out,
remedial measures that a party takes under another environmental
statute might resemble steps taken in a formal CERCLA “response
action.” But relying on that functional overlap to reinterpret the
phrase “resolved its liability . . . for some or all of a
response action” to mean “settled an environmental liability that
might have been actionable under CERCLA” would stretch the statute
beyond Congress’ actual language.
Perhaps more important, the Government’s
interpretation would place undue stress on the word “resolve.” This
term conveys certainty and finality. See Webster’s Third New
International Dictionary 1933 (1986) (“make clear or certain”);
American Heritage Dictionary 1107 (1981) (“remove or dispel
(doubts); . . . bring to a conclusion”).[
3] It would be rather odd to say that a party
has “resolved its liability” if that party remains vulnerable to a
CERCLA suit. All the more so given that it will not always be clear
whether the substance of a prior environmental settlement was
sufficiently similar to a quasi-CERCLA “response action.” As even
the Government admits, “ ‘response action’ is, indeed, a broad
term, [but] it is not an unlimited term [that covers] everything
under the sun.” Tr. of Oral Arg. 39–40; cf. 950 F. 3d, at 116
(comparing Guam’s obligations under the Clean Water Act decree to
CERCLA’s “definition of a ‘remedial action’ ”). Rather than
requiring parties and courts to estimate whether a prior settlement
was close enough to CERCLA, the far simpler approach is to ask
whether a settlement expressly discharged a CERCLA
liability.[
4]
No more persuasive are the United States’
efforts to emphasize the differences among §113(f )’s
provisions. The Government observes that §113(f )(3)(B)—unlike
the §113(f )(1) anchor provision—does not expressly demand a
predicate CERCLA action. That distinction, so the argument goes,
implies that a broader range of environmental liabilities can
trigger §113(f )(3)(B). See
Russello v.
United
States,
464 U.S.
16, 23 (1983) (“ ‘[W]here Congress includes particular
language in one section of a statute but omits it in another
section of the same Act, it is generally presumed that Congress
acts intentionally and purposely in the disparate inclusion or
exclusion’ ”). But this effort to tear §113(f )(3)(B)
away from its companions based on a negative implication falters in
light of the other strong textual links among them. See
Marx
v.
General Revenue Corp.,
568 U.S.
371, 381 (2013);
Entergy Corp. v.
Riverkeeper,
Inc.,
556 U.S.
208, 222 (2009). Section 113(f )(3)(B)’s use of the
familiar phrase “response action,” express cross-reference to
another CERCLA provision, and placement in the statutory scheme
prevent us from so easily severing it from the larger Act.
Similarly unavailing is the Government’s theory
that a tightly unified interpretation of these provisions would
create surplusage problems. The United States argues, for example,
that a reading of §113(f )(3)(B) that does nothing more than
allow a party to seek contribution after settling a CERCLA
liability would be redundant with §113(f )(1), which already
permits contribution “during or following any civil action under
[§§106 and 107].” But there is legitimate reason for separate
provisions, even if both allow contribution only for a CERCLA
liability. For example, §113(f )(3)(B) specifies the
consequences of a particular type of resolution (
i.e.,
settlement), explaining that an “administrative or judicially
approved settlement” is sufficient and reinforcing that a
contribution claim will not extend to parties who have already
settled. This sort of belt-and-suspenders approach hardly compels
an all-encompassing reading of §113(f )(3)(B). Cf.
Rimini
Street, Inc. v.
Oracle USA, Inc., 586 U. S. ___,
___ (2019) (slip op., at 11) (“We have recognized that some
redundancy is hardly unusual in statutes addressing costs”
(internal quotation marks omitted)). Rather than try “to avoid
surplusage at all costs,”
Atlantic Research, 551 U. S.,
at 137, we interpret §113(f )(3)(B) in light of its text and
place within a comprehensive statutory scheme.
* * *
The most natural reading of
§113(f )(3)(B) is that a party may seek contribution under
CERCLA only after settling a CERCLA-specific liability. We thus
reverse the judgment of the Court of Appeals and remand the case
for further proceedings consistent with this opinion.
It is so ordered.
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