No. 25-291

Georgia-Pacific Consumer Products LP, et al. v. International Paper Company, Inc., et al.

Lower Court: Sixth Circuit
Docketed: 2025-09-12
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: cercla-statute-of-limitations contribution-action declaratory-judgment environmental-cleanup-costs potentially-responsible-parties superfund-liability
Key Terms:
SocialSecurity Securities JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (from Petition)

1. Does the theoretical availability of a
contribution action under CERCLA § 113(f) foreclose
recovery of costs under CERCLA § 107(a), even
where all of § 107(a)'s statutory criteria are satisfied ?

2. Does a bare declaratory judgment that
determines liability but imposes no "costs" and awards no "damages" count as a "judgment … for
recovery of such costs or damages" that trigger s the
three -year statute of limitations for § 113(f) actions ?

Question Presented (AI Summary)

Whether a declaratory judgment without imposed costs or damages triggers CERCLA's three-year statute of limitations for contribution actions

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-16
Waiver of Weyerhaeuser Company of right to respond submitted.
2025-09-16
Waiver of right of respondent Weyerhaeuser Company to respond filed.
2025-09-10
Petition for a writ of certiorari filed. (Response due October 14, 2025)
2025-07-23
Application (25A84) granted by Justice Kavanaugh extending the time to file until September 10, 2025.
2025-07-18
Application (25A84) to extend the time to file a petition for a writ of certiorari from August 10, 2025 to September 10, 2025, submitted to Justice Kavanaugh.

Attorneys

Georgia-Pacific Consumer Products LP, Fort James LLC, and Georgia-Pacific LLC
Noel John FranciscoJones Day, Petitioner
International Paper Company, Inc.
Andrew Michael GrossmanBaker & Hostetler LLP, Respondent
Weyerhaeuser Company
Michael Robert HustonPerkins Coie LLP, Respondent