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.

Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

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

114 Plaintiff Motion for Summary J

119 US Response

123 Reply

128 DCT Order

An excerpt:

Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.

Consent Decree in Navajo Nation Recovery for Hazardous Substances at Abandoned Uranium Mines

Here are documents in the matter of Navajo Nation v. Cyprus Amax Minerals Company et al, 17-cv-00140 (D. Ariz. May 22, 2017):

Here are the documents in the related matter of United States v. Cyprus Amax Minerals Company et al, 17-cv-08007 (D. Ariz. May 22, 2017):

Link: Previously posted materials

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

Navajo and US Bring CERCLA Actions over Uranium Mining; Consent Decree Reached

Here is Navajo Nation’s complaint in Navajo Nation v. Cyprus Amax Minerals Co. (D. Ariz.):


Here is the U.S. complaint in United States v. Cyprus Amax Minerals Co. (D. Ariz.):



Suit over Jackpile Uranium Mine Cleanup Proceeds

Here are the materials in Atlantic Richfield Co. v. United States (D. N.M.):

32 US Motion to Dismiss

34 Laguna Construction Co Motion to Dismiss

36 Laguna Pueblo Motion to Dismiss

46 AR Response to US Motion

47 AR Response to Pueblo Motion

48 AR Response to LCC Motion

63 LCC Reply

64 US Reply

67 Pueblo Reply

71 DCT Order Granting US Motion

73 DCT Order Partially Granting Pueblo Motion

75 DCT Order Denying LCC Motion

Complaint here.