Teck Metals v. Colville Cert Petition

Here is the petition in Teck Metals Ltd. v. Confederated Tribes of the Colville Reservation (No. 18-1160):

cert-petition.pdf

Update:

state-of-washington-bio.pdf

colville-tribes-bio.pdf

Questions presented:

1. Whether the Ninth Circuit, in conflict with Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), and RJR Nabisco, Inc. v. European Community, 136 S. Ct. 2090 (2016), correctly concluded that holding Teck liable for its discharges in Canada was not an impermissible extraterritorial application of CERCLA.

2. Whether the Ninth Circuit, in conflict with this Court’s decision in Walden v. Fiore, 571 U.S. 277 (2014), and the Second, Fifth, and Seventh Circuits, correctly held that a State may exercise specific personal jurisdiction over a defendant because the defendant knew its conduct would have in-state effects, where the defendant’s relevant conduct occurred elsewhere.

3. Whether the Ninth Circuit, in conflict with the First Circuit and in tension with the opinions of this Court and several other circuits, correctly held that a defendant can be an “arranger” under CERCLA even if the defendant did not arrange for anyone else to dispose of or treat the waste.

Lower court materials here.

Reviews of Nick Estes’ “Our History Is the Future: Standing Rock Versus the Dakota Access Pipeline, and the Long Tradition of Indigenous Resistance”

NPR

The Intercept

HNN

The book webpage from Verso is here.

South Dakota Preparing to Kill Free Speech on Behalf of Pipeline Companies

From High Country News, here is “South Dakota pushes bills to prosecute ‘riot-boosting’ ahead of pipeline construction.

Native Village of Nuiqsut v. BLM Complaint

Here is Native Village of Nuiqsut v. Bureau of Land Management (D. Alaska):

native-village-of-nuiqsut-v-blm.pdf

Federal Court Rejects EPA’s Effort to Dismiss Navajo Nation & State of Utah’s Suit over Gold King Mine Spill

Here are the materials in In re Gold King Mine Release in San Juan, County on August 5, 2015 (D.N.M.):

1 Transfer Order

8 Amended Complaint

41 Harrison Western Construction MTD

42 Kinross Gold MTD

44 EPA MTD

46 Weston Solutions MTD

52 Gold King Mines MTD

55 Salem Minerals MTD

58 Navajo Response to 46

59 Utah Response to 41

61 Navajo Nation Response to 44

67 Navajo Nation Response to 42 and 52

74 Reply in Support of 42

76 Reply in Support of 44

77 Reply in Support of 41

81 Reply in Support of 52

114 EPA 2d MTD

115 Kinross Gold 2d MTD

117 Weston Solutions 2d MTD

118 Salem Minerals 2d MTD

128 Allen Response to 114 etc

133 EPA Reply in Support of 114

164 DCT Order

Prior post here.

Yellowstone Bison Environmental Suit Dismissed

Here are the materials in Cottonwood Environmental Law Center v. Bernhardt (D. Mont.):

33 Motion to File Second Amended Complaint + Proposed Complaint

36 State Response to 33

38 Federal Response to 33

39 Reply in Support of 33

45 DCT Order Granting 33

48 Federal Motion to Dismiss

50 State Motion to Dismiss

53 Plaintiff Motion to Stay

54 Response to 48 and 50

57 Federal Reply in Support of 48

58 State Reply in Support of 50

62 Reply in Support of 53

81 DCt Order

Salt Lake Tribune: “Split appears in San Juan as new Navajo-led County Commission moves to support an even bigger Bears Ears than Trump shrunk”

Here.

Federal Court Dismisses Dakota Access Pipeline-Related RICO Suit Brought by Pipeline Co. against Greenpeace and Individual Indians

Here are the materials in Energy Transfer Equity LP v. Greenpeace International (D.N.D.):

95 Amended Complaint

102 Greenpeace Fund MTD

103-1 Greenpeace Intl MTD

111 Response

121 Two Bulls MTD

125 Response

126 Two Bulls Reply

130 Montoya MTD

131 Response

135 DCT Order

Swinomish Indian Tribal Community v. Army Corps of Engineers Materials (so far)

Here:

1 Complaint

15 Answer

19 Taylor Shellfish Motion to Intervene

24 DCT Order Granting Intervention

CNN: “European colonizers killed so many Native Americans that it changed the global climate, researchers say”

Here.