AG will appeal Ordot dump case to the U.S. Supreme Court

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The U.S. Supreme Court has accepted Guam's request for an extension to file an appeal in the Dave Davis plebiscite case.

Guam Attorney General Leevin Camacho has announced that his office will appeal to the U.S. Supreme Court in an effort to force the Navy to help pay for some of the cleanup costs at the now-closed Ordot Dump.

The Navy owned and operated the Ordot Dump before and after WWII. For decades they threw old munitions and chemicals into it.

“We have and will continue to take action against those who contaminate our water and our land,” said Attorney General Leevin Camacho in a news release Friday afternoon.

“We believe the Supreme Court will agree with our position that the Navy must pay its fair share of cleaning the dangerous munitions and chemicals it dumped at Ordot for decades.”

In 2017 GovGuam sued the U.S. Navy as a “potential responsible party,” asking the courts to hold the Navy liable for under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

The U.S. moved to dismiss the case, arguing that Guam filed its lawsuit too late.

This past February, the Court of Appeals agreed citing the 2004 Consent Decree Guam entered into with the U.S. EPA which started the clock ticking for a lawsuit to be filed.

The Court decided the lawsuit was filed 10 years too late ruling that GovGuam should have filed it no later than 2007.

The decision by GovGuam to appeal follows a stay granted by a federal district court giving the Guam AG time to ask the U.S. Supreme Court to hear its case.

The Guam AG and its environmental litigation team based out of Houston, Texas, have until October 10 to file a Petition for Certiorari with the Supreme Court.

The high court grants certiorari and hears arguments in roughly 80 cases out of the 7,000 to 8,000 petitions filed each term.

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