No. 20-1142

Atlantic Richfield Company v. Asarco LLC

Lower Court: Ninth Circuit
Docketed: 2021-02-22
Status: Dismissed
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: bankruptcy cercla contribution contribution-claim environmental-liability judicial-settlement liability response-action settlement statutory-interpretation
Key Terms:
Environmental SocialSecurity Privacy
Latest Conference: 2021-04-16
Question Presented (AI Summary)

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.

Question Presented (OCR Extract)

QUESTION PRESENTED This case presents a question on which this Court has recently granted certiorari in Government of Guam v. United States, No. 20-382. Section 1138(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)(8)(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.

Docket Entries

2021-06-24
Petition Dismissed - Rule 46.
2021-06-09
Joint motion to dismiss the petition pursuant to Rule 46.1 filed.
2021-04-19
Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
2021-04-15
Motion to extend the time to file a response from May 12, 2021 to June 11, 2021, submitted to The Clerk.
2021-04-12
Response Requested. (Due May 12, 2021)
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Waiver of right of respondent Asarco LLC to respond filed.
2021-02-11
Petition for a writ of certiorari filed. (Response due March 24, 2021)

Attorneys

Asarco LLC
Gregory L. EvansMcGuireWoods LLP, Respondent
Gregory L. EvansMcGuireWoods LLP, Respondent
Atlantic Richfield Company
Shannon Wells StevensonDavis Graham & Stubbs, LLP, Petitioner
Shannon Wells StevensonDavis Graham & Stubbs, LLP, Petitioner