SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Here is the order list.

Mitchell materials here.

Teck Metals materials here.

King Mountain materials here.

Federal Court Splits Liability under CERCLA for 19 Uranium Mines at Navajo

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

186 US Post-Trial Brief

187 El Paso Post-Trial Brief

203 US Reply

204 El Paso Reply

217 DCT Order

Prior posts here.

Update in Gold King Mine Release Case

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

166 DCt Order re EPA Contractors

167 DCT Order re Harrison Western

168 DCT Order re Sunnyside Gold

Earlier materials here.

Teck Metals v. Colville Cert Petition

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





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.

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


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.

Federal Court Allows Navajo Gold King Mine Spill Claims against Operator to Continue

Here are the relevant materials in State of New Mexico v. EPA (D.N.M.):

102 er motion to dismiss navajo complaint

115 navajo response

120 er reply

123 dct on er motion to dismiss

Federal Court Holds US Govt. is “Owner” of Indian Trust Land under CERCLA for Liability Purposes

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

130 El Paso Supplemental Brief

133 US Supplemental Brief

135 DCT Order

Prior post on this case here.